Part 1 : Conveyancing Practice and the Deeds Registries Act Flashcards

Question

Give the 5 exceptions to when the title deed does not need to be lodged.

Answer 1

1) When done in the execution of the judgment and the sheriff cannot obtain the original title deed. Then the sheriff must certify in writing that he has been unable to obtain possession of such title deed. 2) transfer by an officer appointed in terms of an insolvency and such officer certifies that they cannot obtain possession of the title deed 3) An executor in terms of Section 56(1)(b) and such executor certifies in writing that he cannot obtain possession of such title deed 4) where the property is to be transferred by way of court order and the transferee declares that they cannot obtain possession of the title deed 5) by way of expropriation and the transferee declares that they cannot obtain possession of the title deed.

Answer 2

1) it must be provided for in a deed of alienation (sale agreement) 2) it must be by means of deed of transfer signed by the registrar of deeds.

Answer 3

The alienation must be in writing and signed by the parties. As a minimum, at least the description of the property, parties, and purchase price is required. The only other cluase that must be added to an agreement of sale is the compulsory "cooling-off clause"

Answer 4

1) Transfer of the property (purchaser). However, if subject to the consumer protection act, then same will by presumption be for the seller 2) Estate commission (Seller) 3) rates and taxes, as well as levies (Seller)

Answer 5

1)This agreement is subject to the purchaser being able to obtain a bond to the sum of no less than R50 000.00 within 21 days of the parties signing this agreement from a financial institution. Should the purchaser be unable to obtain such a bond, parties agree that this agreement shall lapse and that neither party shall have a claim against each other. 2) Parties agree that this agreement shall be subject to the purchaser causing his property, common known as 83 3rd Street, Northmead, Benoni, being sold within 90 days of selling this property, at the fair market value of R1 800 000.00. Should the purchaser find such a buyer, parties agree that this suspension condition shall be deemed as fulfilled. Parties further agree that the transfer of the purchaser's property shall take place simultaneously with the transfer of the seller's property.

Answer 6

1) notwithstanding anything in this agreement, the seller may, until all suspensive conditions are met, continue to market the property 2) should the the seller find an alternative purchaser the seller shall cause the new sale agreement to be sent to the purchaser within 7 days of signing same. 3) The purchaser shall be entitled to either waiver any conditions in his favour in terms of this agreement and declare this sale agreement to be unconditional or accept the terms as presented by the new purchaser as per the new sale agreement within 2 days of receiving the new sale agreement. 4) if the purchaser refuses to accept the terms of the new sale agreement, or give notice that he considers this agreement to be unconditional, this agreement shall be regarded as terminated and shall be of no effect.

Answer 7

1)In the event that the Purchase fails to tender any deposit or purchase price, or secure a bond within the period as provided for herein, or adhere to any other terms as provided for in this agreement, the Seller may forward notice to the Purchase and give the Purchase 7 days to remedy such breach, failing which the seller may 1.1) demand specific performance, including the payment of any amounts required, as well as any loss incurred as a result of the breach 1.2) or cancel this agreement and claim damages 2) The Seller shall be entitled, in determining such damages, be entitled to 2.1) retain any deposits paid as rouwkoop 2.2) claim any additional damages incurred 2.3) claim vacate occupation from purchaser and demand that he vacate the property and give the Seller immediate possession. 3) The seller shall be entitled to recover any and all legal costs incurred as a result of the breach, which costs shall be on a scale as between attorney and client 4) If the purchase remains in occupation of the property, the Seller shall be entitled to claim levies, interest and rental occupation until the purchaser vacates the property. 5) Should the seller breach the agreement, the purchase shall be entitled to a full refund of his deposit and interest thereon.

Answer 8

Yes, in terms of section 21 of the Companies act 71 of 2008 a person can enter into a contact on behalf of a company yet to be incorporated. That company has the right to adopt the contract in whole, partially or conditionally ratify the agreement within 3 months after the company is incorporated. If the board fails to ratify the agreement, it will be deemed that they did ratify it it. A clause in the sale agreement should be included that if the company fails to adopt the contract or rejects it that the representative shall be substituted for the company and be held personally lible.

Answer 9

1) John Smith on behalf of a company to be formed 2) as of the 1st of May 2011 it is no longer to register new close corporation, as such, it is not possible to act on behalf of a CC to be formed. 3) in terms of the Trust Property control act it is not possible to act on behalf of a trust until letter of appointment are issued.

Answer 10

1) the purchase is a company yet to be incorporated, but will be incorporated within 30 days of this agreement and shall cause the adoption and ratification of this agreement upon its incorporation within 7 days. Despite this, the purchaser's representative shall continue and shall remain as surety for the full performance of this agreement by the company yet to be incorporated and shall only be released from such surety upon the full performance by the company yet to be incorporated. Should the company to be incorporated reject the purchase agreement, or fail to adopt and ratify this agreement, the representative shall remain liable for the full performance as required in terms of this agreement and shall be entitled to any benefit in terms of this agreement.

Answer 11

No, the trust Property Control Act prohibits someone from acting on behalf of a trust until the master issues the letters of appointment. The agreement cannot be rectified by the trustees, Master or Courts.

Answer 12

1) the purchase is a company yes to be incorporated, but will be incorporated within 30 days if this agreement and shall caused the adoption and ratification of this agreement upon its incorporation within 7 days. Despite this, the purchaser's representative shall continue and shall remain as surety for the full performance of this agreement by the company yet to be incorporated and shall only be released from such surety upon the full performance by the company yet to be incorporated. Should the company to be incorporated reject the purchase agreement, or fail to adopt and ratifiy this agreement, the representative shall remain liable for the full performance as required in terms of this agreement and shall be entitled to any benefit in terms of this agreement.

Answer 13

It is not possible to enter into a deed of sale on behalf of a trust to be registered. This is because a trustee can only act once the letters of appointment are issued. It is not possible to rectify this by the trustees, master or even the courts. As such, John will need to not only ensure that the trust is registered, but also that the letters of appointment are issued.

Answer 14

1) conventional deed of transfer (form E) 2) Partition transfer (Form F) 3) Expropriation or land vested by statue - (Form G) 4) transfer in compliance with Court order (Form H)

Answer 15

1) A4 paper 2) Printing must be of good quality 3) leave top half blank 4) Margin of 4 centimeters on left hand side 5)No Carbon Copies 6) Signature in black ink 7) Rules through blank spaces 8) number pages 9) on one side of page only 10) Place date and place where executed 11) Where there is more than 1 party, number parties 12) where there is more than 1 property, number the properties.

Answer 16

John Smith Identity Number : 860116 5138 089 Married out of community of property. (Note: you don't mention the reference to the accrual. )

Answer 17

John Smith Identity Number 860101 5238 089 Mary Smith Identity Number 550101 0235 089 Married in community of property to each other

Answer 18

John Smith Identity Number 860116 5138 089 Married in community of property to Marry Smith

Answer 19

1) a donation, 2) received in terms of a will 3) wherein the court determine that such an asset is to form the exclusive property of one spouse.

Answer 20

Preamble : John Smith Identity Number : 8601165138089 Married to Marry Smith, which marriage is governed by the laws of Portugal duly assisted by his spouse. Vesting clause: John Smith Identity Number : 860116 5138 089 Married to Marry Smith, which marriage is governed by the laws of Portugal. (NB: You leave out the "duly assisted by his spouse" in the vesting clause")

Answer 21

It is a marriage in community of property.

Answer 22

Peter Nkosi Identity Number : 860116 5138 089 Married under a matrimonial property system governed by customary law, in terms of the Recognition of Customary marriages Act, 120 of 1998.

Answer 23

John Smith Identity number : 860116 5138 089 and Shara Smith Identity Number 860116 0138 089 Married in community of property to each other.

Answer 24

John Smith Identity Number 860116 5138 089 Married out of community of property

Answer 25

Application will need to be made to the court for the approval of a written contract that will regulate the future matrimonial property system. The preamble will read as follows: Peter Nkosi Identity Number : 860116 5138 089 Married, the proprietary consequences of which marriage are governed by order of court issued in terms of the Recognition of Customary Marriages Act 120 of 1998.

Answer 26

The marriage is valid but is on that is out of community of property. The preamble would read as follows: Peter Nkosi Identity Number : 860116 5138 089 and Esther Nkosi Identity number : 860116 0138 089 Married in community of property, to each other and Peter Nkosi Identity Number : 860116 5138 089 married in terms of customary law

Answer 27

Marry Nkosi Identity Number : 860116 0138 089 Married in terms of customary law

Answer 28

Marry Smith identity Number 860116 0183 089 and Sarel Vermark identity Number 860116 0181 089 Partners in a civil partnership in community of property registered in terms of the Civil Union Act 17 of 2006

Answer 29

Marry Smith identity Number 860116 0183 089 partner in a civil partnership out of community of property registered in terms of the Civil Union act 17 of 2006

Answer 30

False - spouses married in community of property may not share differently in terms of their partnership wherein they acquire property in terms of a deed of transfer.

Answer 31

Christopher Jukes Identity Number : 860116 5138 089 Married in community of property to Sameera Malekjee And John Smith identity Number 840512 5168 089 Married in community of property to Marry Smith And Sally Smith identity Number 840512 0168 089 Married out of community of property And Bev Smith identity Number 840615 0177 089 unmarried together carrying on business in partnership as smith and web

Answer 32

1 John Smith identity Number 840512 5168 089 Married in community of property to Marry Smith 1/4 share 2 Sally Smith identity Number 840512 0168 089 Married out of community of property 1/4 share 3 Bev Smith identity Number 840615 0177 089 unmarried 1/2 share

Answer 33

Christopher Jukes in his capacity as agent for Nikki Jukes Identity Number : 860116 5138 089 Married out of community of property by virtue of special power of attorney granted to him at Cape town on the 1st of May 2022.

Answer 34

False, alias are not permitted - regulation 24(2).

Answer 35

1) Affidavit from party concerned giving reasons as to why the details are incorrect or 2) a certificate from the conveyance in respect of the factual situation and basis of information being incorrect.

Answer 36

Deed of transfer: ABC CC Registration Number : 2014/024516/23 Power of Attorney: I, the undersigned christopher Andrew Jukes in my capacity as member and duly authorised by a resolution of ABC CC Registration Number : 2014/024516/23 Hereby nominatem authorise and appoint

Answer 37

1) "MT" - mortis causa trust 2) "IT" - inter vivos trust 3) "FT" - foreign trust.

Answer 38

I, the undersigned, Christopher Andrew Jukes in my capacity as trustee of the Jukes Family trust Registration Number : IT1245/2008 duly appointed by virtue of letter of authority issued by the master of the High Court, Pretoria on the 16th of January 1986

Answer 39

I, the undersigned, Christopher Andrew Jukes duly authorised by a resolution of the trustees of the Jukes Family Trust Registration number : IT1245/2008 duly appointed by virtue of letter of authority issued by the master of the High court, Cape Town on the 15th of January 2008.

Answer 40

the trustees of the Jukes Family Trust Registration Number : IT2584/2015

Answer 41

**Power of attorneys** I, the undersigned Christopher Andrew Jukes in my capacity as trustee in the estate of late Denise Grote duly authoirsed by letter of authoirty number MT 2541/2022 issued by the master of the High Court, Pretoria on the 15th of November 2022 **Title Deed** The trustees of the estate late of Denise Grote Registraion Number : MT2541/2022

Answer 42

**Under 7** We, the undersigned Christopher Andrew Jukes and Sameera Malekjee in our capacity as parents and natural guardians of Jimmy Jukes Indentity number : 240930 5138 089 a minor **Over 7 and under 18** I, the undersigned Jimmy Jukes Identity Number : 240930 5138 089 a minor duly assisted by my parents and natural guardians Christopher Andrew Jukes and Sameera Malekjee

Answer 43

**Under 7** Christopher Andrew Jukes and Sameera Malekjee Parents and natural guardians of Jimmy Jukes Identity Number : 240105 5138 089 A minor **Over 7 but under 18** Jimmy Jukes Identity Number : 240105 5138 089 a minor duly assisted by his parents and natural guardians Christopher Andrew Jukes and Sameera Malekjee

Answer 44

Jimmy Jukes Identity Number : 240116 5138 089 A minor/an unmrried minor | Wherein the minor is under 7 (a minor) over 7 (an unmarried minor)

Answer 45

Master must give authority if R250 000.00 or under and the high Court if over R250 000.00

Answer 46

**Power of attorney** I, the undersigned Christopher Andrew Jukes In my capacity as curator in the estate of the mental patient Sameera malekjee Identity number : 850217 0045 089 unmarried duly appointed by virtue of letter of authoirty issued by the master of the High Court, Pretoria dated 15 June 2022 **Deed of transfer** The curator in the estate of the mental patient Sameera Malekjee Identity number : 850217 0045 089 unmarried

Answer 47

Sameera Malekjee Identity Number : 850217 0045 089 an unmarried mental patient

Answer 48

I, the undersigned John Smith duly appointed by virtue of letter of authoirty issued by the master of the High court, Pretoria dated 15th of June 2022 in my capacity as curator of the mental patient Sameera Malekjee Identity Number : 850217 0045 089 and Christopher Andrew Jukes Identity Number : 860116 5138 089 Married in community of property to each other

Answer 49

**Power of Attorney** I, the undersigned Christopher Andrew Jukes In my capcity as trustees in the insolvent estate of Sameera Malekjee Identity Number : 840217 0045 089 unmarried duly appointed by virtue of letter of authority issued by the master of the High Court, Pretoria dated 15th of June 2022 **Deed of transfer** the trustees of the insolvent estate of Sameera Malekjee Identity Number : 840217 0045 089 unmarried

Answer 50

The trustees of the insolvent estate of Sameera Malekjee Identity Number: 850217 0045 089 married out of community of property and acting in terms of section 21(3) of the Insolvency Act 24 of 1936 in the solvent estate of Christopher Andrew Jukes Identity Number: 860116 5138 089 married out of community of property

Answer 51

I, the undersigned Christopher Andrew Jukes In my capcity as liquidator of Jukes Malekjee and associates CC Registration Number : 1598/012547/23 duly appointed by letter of appointment issued by the master of the Pretoria High Court, dated 17 May 2022

Answer 52

**Preamble** The liquidator of ABC (Pty) Ltd (in liquidation) Registration Number : 2021/0125845/08 **Vesting clause** ABC (Pty) Ltd (inliquidation) Registration Number : 2021/0125845/08

Answer 53

I, the undersigned, Christopher Andrew Jukes **In my capacity as business rescue practitioner of** Jukes Malekjee and Associates (Pty) Ltd Regsitration number : 2015/00125445/08 **duly appointed by the board of directors on the 16th of May 2018 in terms of Section 129 (3)(b) of the companies act 71 of 2008 as will appear from Notice of Appointmnet of business rescue practitioner filed with the CIPC on the 20th of May 2008** ## Footnote Wherein done by court order - duly appointed by a court order in terms of section 131(5) of the Companies Act 71 of 2008 as will appear from notice of appointment of business rescue practitioner filed with the CIPC on the 1st of June 2018

Answer 54

the business rescue practitioner of ABC (Pty) Ltd Registration number : 2018/001254/08

Answer 55

**Power of attorney** I, the undersigned Christopher Andrew Jukes In my capcity as the sheriff of the magistrates court, halfway house and duly authoirsed by writ of execution issued by the clerk of the court at boksburg on 18 January 2022 **Deed of transfer** the sheriff of the High Court, Boksburg

Answer 56

**Power of attorney** I, the undersigned, Christopher Andrew Jukes In my capcity as representaive of the Jukes Family Church duly authoirsed thereo by a resolution taken at a meeting of the church on the 3rd july 2022. **Deed of transfer** Jukes Family Church

Answer 57

**Power of Attorney** I, the undersigned, Christopher Andrew Jukes a trustee for the Jukes Trust Registration Number : IT1254/2022 a registered nonprofit organisation in terms of section 15(1)(a) of the Act 71 of 1997 Registration number 2005/0014593/18 **Deed of transfer** the trustees of Jukes Trust Registration Number : IT1254/2022 a registered nonprofit organisation in terms of section 15(1)(a) of the Act 71 of 1997 Registration number 2005/0014593/18

Answer 58

**Power of Attorney** I, the undersigned, Christopher Andrew Jukes in my capcity as trustee of the Body Corporate of New Haven scheme number SS22/2001 duly authoirsed by a special resolution of a meeting of the body corporate on 3 February 2022 Hereby nominate , authorise and appoint **Deed of transfer** the trustees of the Body Corporate New Haven Secheme Number : SS22/2001

Answer 59

**Power of attorney** I, the undersigned, Christopher Andrew Jukes in my capacity as town clerk of the Benoni Metropolitan Municipality duly authoirsed by resolution passed at a meeting on of the town council on the 24th of May 2018 **Deed of transfer** Benoni Metropolitan Municipality

Answer 60

Government property can only belong to the national or the provincial goverment. The vesting clause in a deed of transfer will always be one of the two tiers.

Answer 61

**Power of attorney** I, the undersigned, Christopher Andrew Jukes In my capacity as premier of the Provincial Goverment of Gauteng and duly appointed by a resolution passed at a meeting of the provincial Executive Council on the 12th of june 2018 **Deed of transfer** Provincial Goverment of Gauteng

Answer 62

It gives the reason for the transfer - sale, donation etc. A vlaid causa is anything in law that authorises the transaction, in other words, legal action.

Answer 63

.....and the said appearer declared that his principle had truly and legally sold on 15 September 2018.....

Answer 64

1) The name of the plaintiff and defendant, 2) That the property concerned is registered in the name of the Defendant, 3)that the sheriff has. by order of court, attached the property, 4)that the attached property was sold at auction 5)the date on which the auction took place. **Example** and the said appearer declared that whereas in the matter in which ABSA BANK LTD was the plaintiff and Christopher Jukes, identity number : 8601165138089, was the defendant, High Court Pretoria case number 666/2022, the hereinafter mentioned property registered in the name of the sid christopher Jukes, by virtue of a writ issued by the registrar of the High Court of Pretoria on the 10th of November 2022, attached by the sheriff, was sold by public auction on the 22nd of December 2022 to the undermentioned transfee, Nicky Jukes

Answer 65

...and the said appeared declared that his principal did, on 18th of July 2018, agree with the transferee to transfer the property hereby conveyed in exchange for erf 304 witkoppen Extension 3 in the said township, Registration Division IQ, Province of Gauteng, held by the transferee according to the deed of Transfer R48836/2006..."

Answer 66

AND the appeare declared that - WHEREAS his principal purchased erf 14 Hatfield Township in terms of a deed of sale dated 4 january 2019, but in error received trasnfer of 15 Hatfield Township by Deed of Transfer T11/2019 AND WHEREAS the undermentioned transfee bought the undermentioned property in terms of a deed of sale date 4 January 2019, but in error received trasnfer of Erf 14 Hatfield Township by Deed of Transfer T10/2019 AND WHEREAS the transferor and the undermetioned transferee have agreed to rectify the position and in consequence of such agreement, the transferor is simultaneously herewith receiving transfer from the undermentioned trasnferee of the said Erf 14 Hatfield Township

Answer 67

"...and the said appearer declared that in accordance with the stipulations of the divorce decree issued by virtue of an order of the High Court, Johannesburg on 18 December 2018, the undermentioned transferee of the property is entitled to the property thereby transferred..."

Answer 68

1)For a natural person: "His/her/their heirs, executors, administrators or assings" 2) company or local authoirty "its successors in title or assigns" 3) A trust "its successors in office or assigns"

Answer 69

such trnasfer only takes place to such a partner in his capcity as partner in that partnership.

Answer 70

1) The registration number of the property (i.e, Erf 348) 2) The place where the property is situated, town, registration division or administrtive district, province 3) The extent of the land

Answer 71

**Registration division** Johannesburg, Pretoria, Polokwane, Nelspruit, Pietermaritzburg, Vryburg Erf 500 in the town Menlo Park Regsitration division JR, Gauteng Provision Measuring : 1500 (one thousand Five Hundred) Square metres **Administration district** Bloemfontein, Cape Town, Kimberley, King Willions town, Umtata Erf 500 Tyger Valley situated in the city of Cape Town, Cape Division, Province of the Western Cape Measuring : 1500 (one thousand Five Hundred) Square metres

Answer 72

1) reference to the surveyor-General's approved diagram or general plan and 2) the history clause - origional and current title deed by which the land is held.

Answer 73

**Land never been registered** As well appear from the annexed diagram S.G. No 105/2000 and held by Deed of Trasnfer T123/1995 **First trasnfer** First transferred and still held by Deed of Transfer T234/2000 with diagram S.G No 105/2000 relating thereto **Subsequent transfer** First transferred by Deed of transfer T7234 /2000 with diagram S.G No 105/2000 relating thereto and now held by deed of transfer T7345/2005

Answer 74

**First transfer** as appears from ** General Plan SG124/2012** and held by **certificate of township Title No. T7853/19993** **Second Transfer** First transfer and still held under **deed of transfer T876/2022** With **General Plan SG SG124/2012** relating thereto **Third Transfer** First transfer by **deed of transfer T876/2022** With **General Plan SG SG124/2012** relating thereto, **and now held by deed of trasnsfer T541/2023**

Answer 75

1) Existing typed conditions - must be crried forward as is 2) Existing Endrosed Conditions - must be carried forward to the new deed of transfer 3) newly imposed conditions - must be included on the deed of transfer 4) General conditions (Note - does not apply to capetown, Pietermaritzburg, Bloemfontein, Vryburg, Kimberley and king williams town

Answer 76

False, an existing typed condition must be brought forward exactly as they appear in the existing title deed.

Answer 77

No, however, first application must be made in terms of section 68(1) to ommit the lapsed condition.

Answer 78

FURTHER SUBJECT to a lifelong right of occupation in favour of Sameera Jukes Identity Number : 850217 0045 089, window, as will appear more fully from Notarial Cession of Right of Occupation No K /2000S

Answer 79

AND FURTHER SUBJECT to all such conditions as are mentioned or referred to in the aforesaid deed.

Answer 80

Wherefore the appearer renouncing all the rights and title the said transferor heretofore had to the premeses did in consequence also acknowledge him to be entitled dispossessed of and disentitled to the same; and that, by virtue of these presents, the said james Brown, his heirs, executors administrators or assigns now is and hence forth shall be entitled thereto, the state however reserving its rights...

Answer 81

and finally acknowledging the purchase price of R1 800 000.00 (one million eight hundred thousand rand and that transfer duty was paid on the amount of R2 000 000.00 (two million rand)

Answer 82

1) where the deed registries act provides an exception 2) where any other act creates an exception or whether a court makes an exception.

Answer 83

1) Wherein the property is owned by a person who has died and their heir died, the property may be transferred directly 2) wherein the property forms part of a deceased estate, and the heir has sold the property and the value of the property is less than or equal to the value of the property, the property may be sold directly 3) wherein the property is part of a deceased estate and the heirs enter into a redistribution agreement 4) wherein the property is acquired by spouses married in community of property, but before tranfer that get divroced, in terms of settlement agreement (order of court), the property can be transferred directly to the one spouse. 5) If a fiduciary interest in land is terminated before transfer, it can be transferred directly to the fideicommissary 6) sale in execution.

Answer 84

Prepared by me Conveyancer Christopher Andrew Jukes Legal practice Council membership numer : 864514

Answer 85

Yes - It is an application, not a deed - regualation 44 is applicable

Answer 86

No - It is a certificate - regulation 43 is applicable.

Answer 87

In terms of Regulation 44 an attorney, conveyancer or notary may sign the preparation certificate. While under regulation 43 only a conveyancer may sign the preparation certificate. Regulation 44A prescribes responsiblities for which an attorney takes responsibility, there are the following: 1) that all copies are identical 2) That all conditions of title have been correctly brought forward in the new deed of transfer 3) That any representative appointed by the master have indeed been appointed by the master and that they are acting within their powers. 4) That the information of the natural person or juristic person is correct 5) That any representative appointed by a private principal have been appointed correctly and are acting within their powers. 6) That all details of the natural or jurisitc person have been brought forward from the power of attorney or application correctly.

Answer 88

1) two witnesses over the age of 14 and who can give evidence in any court of law, or 2) a magistrate, justice of the peace, commissioner of oaths or notary public.

Answer 89

1) a separate consent by the other spouse must be lodged, or 2) the other spouse may counter sign the power of attorney, which signature must clearly state on the power of attorney that such signature contemplates the necessary consent. In both cases same must be attended to by two competent witnesses.

Answer 90

True, unless that conveyancer is appointed as appearer to appear before the registrar of deeds.

Answer 91

persons who signed the power of attorney and conveyancer. If the initials are attested by a person other than the original witnesses, such witnesses must attach his siganture.

Answer 92

same can be authenticated by the seal of: 1) The head of a south african diplomatic or consular 2) a consular of the united kingdom 3) a goverment official of a foreign country who is authorised to authenticate the documents in that country 4) any person who can prove by certificate that they are duly authorised to authenticate such a document 5) a notary public of the united kingdom, Northern Ireland, Botswana, Lesotho, Swaziland or Zimbabwe In addition, wherein the country that the document is signed and used are both members of the Hague Convention, an apostille may be used to prove authentication.

Answer 93

true. You dont have to mention all conditions, only the new conditions that will be captured into the deed of transfer verbatim

Answer 94

1) clear and sufficient description of the land 2) Registered number of the land (if any) 3 ) deed of transfer whereby such land or property is held. Note : A power of attorney to trasnfer property also requires the date of disposal of such property, this does not appear in a special power of attorney as this date does not exist.

Answer 95

Be it hereby made known The Christopher Andrew Jukes (125135) appeared befored me, the regsitrar of deed at Pretoria, the said appearer, being duly authorised thereto by power of attorney signed at Benoni on 15 January 2022, granted to her by by Nikki Jukes She, being duly authorised thereto by special power of attorney, signed at Cape town on 15 January 2022, granted to her by Jill Jukes Identity Number : 46388346 unmarried

Answer 96

1) be registered in the deed registrar with the deed of trasnfer 2) have a preparation certificate 3) No stamp duty is necessary 4) Must contain the date and registration number of the general power of attorney and date that it was signed. (where the general power of attorney was not registered, it must be lodgerd together with the transfer documents.

Answer 97

False, wherein 2 parties sign a power of attorney, and the one withdraws, the power of attorney is cancelled in total.

Answer 98

a personal servitude will lapse on the death of the holder in the case of a natural personal or 100 years for a jursitic person. Whereas a pradial servitude can last forever.

Answer 99

In a personal servitude there is no dominant tenement whereas a praedial servitude always has a dominant tenement. A praedial servitude always involves at least 2 properties.

Answer 100

FURTHER subject to the following conditions imposed in the will dated 10 Janaury 1995 a) subject to the life long right of occupation by Sameera Malekjee identity number : 850217 0045 089, as will more fully appear from Notrial deed of usufruct K b) Subject further to a contingent life long usufruct in favour of jimmy jukes identity number : 3541431 which contingent shall only be enforceable upon the death of the said Sameera Malekjee.

Answer 101

Steps that must be taken a notarial deed of cession must be entered with the registered owner of the land. Document that must be lodged are the following: 1) application in terms of Section 68(1) first noting the lapsing of the previous usufruct 2) title deed 3) Existing notarial deed wherein the first usufruct was created. 4) Proof that the first usufruct has lasped ( the death certificate) 5) bilateral notarial deed of cession of usufruct.

Answer 102

1) where a usufruct is created, the property is transferred to an owner subject to the usufruct. 2) Wherein a fideicmmissum is created, the property is transferred to the fiduciary, subject that on the death of the fidiciary, the property must be transferred to the fideicommissary heir.

Answer 103

Yes, but only to the owner of the burdened land (Section 66 of the deeds registries Act

Answer 104

A personal servitude is created by bilateral notrial deed signed by the owner of the land and the person whose favbour same is created and attested by a notary public. It is first reserved as a condition in the pwoer of attorney and then carried forward to the deed of transfer and placed in the condition clause. The exception are wherein the servitude is a condition in the deed of transfer created in favour of: 1)the transferor, or 2)the trnasferor's spouse or survivor of them if married in community of property, or 3)in favour of the surviving spouse if transfer is passed from the joint estate of spouses who were married in community of property.

Answer 105

SUBJECT to the reservation of an usufrust in favour of the transferor , the said Christopher Jukes Identity Number : 1435135 married out of community of property

Answer 106

SUBJECT to the reservation of an usufruct in favour of the said Christopher Andrew Jukes Identity Number : 34354354134 And his wife Sameera Malekjee Identity number " 43543543 married in community of property to each other, or the survivor of them.

Answer 107

false: but a transfer duty exception certificate must be lodged.

Answer 108

1) THe power of attorney to pass transfer must make reference to the condition as being imposed. 2) The HOA must accept the benefits of the condition. An approproate acceptance of such a condtion must be lodged. this document may be incorporated in the power of attorney.

Answer 109

You can create the servitude in the power of attonrey to transfer the proeprty. In terms of Section 26(2) of the Deeds Registries Act, the power of attorney must contain, among other things, the conditions, if any, affecting the land or share therein so awared.

Answer 110

When registering a servitude the mortgage bond and the consent of the bondholder to the registration of the servitude, free from the bond, must be lodged. In addition, the consent of the co-mortgage(s) must be lodged.

Answer 111

1) an application must be made in terms of Section 68(1) of the Deeds Registies Act, by the registered owner of the land, in that the servitude has lasped as a result of th eroad being completed on the adjoining land. 2) a letter of consent or authorisation from the local authority in terms whereof mention is made of the fact that the road is completed and that the temporary servitude of right of way has lapsed by reason thereof.

Answer 112

Christopher Andrew Jukes Identity Number : 4654654 Married our of community of Property as bare dominium owner and Michael Jukes Identity number: 2342342 Married in community of property to Kate brown as usufructuary

Answer 113

By notarial deed of cession of Usufruct the executor in the estate will first cede the unsufruct over a half-share in the property to X, there after, the entire property will be transferred to X and Y subject to the usufruct created by notarial deed.

Answer 114

You can have a bond over the property in terms of Section 69(3) of the deeds registries Act. The one owner would pass the bond as half-share owner and bare dominion and the other as half-share owner and usufructuary.

Answer 115

Sameera Malekjee Identity number : 6343654354 Widow As fiduciary and Jimmy Jukes Identity number : 4664654 married in community of Property to Bob Jukes as fideicommissary

Answer 116

**A usufruct** can be created in a power of attorney to transfer if the usufruct is in favour of the transferor or the transferor and his/her spouse if married in community of property or in favour of a surviving spouse who was married in community of property to the deceased. in all other cases it is registered by **notarial deed**. A **fideicommissum** is created in the **power of attorney** to transfer the property to the fiduciary.

Answer 117

The Fiduciary is free to deal with the property as they deem fit.

Answer 118

true. Transfer duty is paid on the **fair value** of the personal servitude. Transfer duty is also paid on the increase value of a property wherein a servitude is cancelled.

Answer 119

A praedial servitude is created by notarial deed. There are 2 exception : The first exception 1) It is created in favour of land that is in the name of the tranferor. (Section 76(1)) 2) It is being created in favour of land that is being transferred in realtion to land already held by the trasnferor.(Section 76(1)) Wherein the servitude is created in terms of the exception, the servitude will be created in terms of the power of attorney. The second exception 1) Wherein the tranferor of a property is subject to an unregistered rights of servitude. The owner acknowledges the unregistered servitude in the sale agreement and provides for the servitude in the power of attorney 2) And the transferee consents to the inclusion of a servitude. Such consent may be in the power of attorney or a separate consent. 3) If the third party appears or is duly represented wherein execution of the transfer takes place and accepts the servitude i favour of his land. This is done in terms of a separate power of attorney. The powers of attorenys and consent are then filed with the registrar of deeds with the deed of transfer.

Answer 120

1) the way in which it affects the property being transferred, and 2) whether the property is subject to, or entitled to, or both subject and entitled to servitude rights.

Answer 121

1) Servitude by diagram (this is the general rule), or 2) By Description (this is regarded as an exception), or 3) In the general plan.

Answer 122

1) A bilateral notarial deed of cancellation 2) title deed of the servitude (if provided for in a separate document) 3) Both title deeds of the properties affected 4) transfer duty receipt or excemption 5) Consent from mortgagee of the dominant tenement 6) mortgage bond. Note : wherein the servitude is a right of way for the general public, a court order authorising the a registrar of deeds to cancel such a servitude or the consent by the Premier of the province.

Answer 123

Use the provisions of Section 76(4) and stipulate, in the power of attorney to pass transfer of Protion 1, that the exercise of the servitude is restricted to the remainder still held by the transferor.

Answer 124

1) lapse of time 2) Agreement to cancel 3) Waiver/abandonment 4) Merger 5) Impossibility 6) Prescription

Answer 125

In terms of Section 67 a Personal servitude may be reserved by conditon in the deed of transfer of the land if reservation is in favour of: 1) The trasnferor 2) The transferor and his or her spouse or the survivor of them if they are amrried in community of property; 3) THe surviving spouse if the transfer is passed or given from the joint estate of spouses who were married in community of property. In terms of section 76 a preadial servitude in perpetuity or for a limited period may be created by a condition in a deed of transfer if the servitude - 1) is imposed on the land in favour of otherland registered in the name of the transferor, or 2) is imposed in favour of land transferred on other land registered in the name of the transferor. In terms of section 76 a praedial servitude can also be created in a deed of transfer in favour of land of a third party, by the transferor, upon the consent of the transferee and with the written acceptance of the benefit by such third party.

Answer 126

Wherein husband and wife have a joint will and are married in community of property. Upon the death of the one spouse, the estate devolves upon their children subject to a usufruct. If the survivor accept the usufruct they lose their half share in the estate. But if they reject the usufruct they can retain their half share in the estate.

Answer 127

Wherein husband and wife have a joint will and are married in community of property. Upon the death of the one spouse, the estate devolves upon their children subject to a usufruct. If the survivor accept the usufruct they lose their half share in the estate. But if they reject the usufruct they can retain their half share in the estate.

Answer 128

this is where the fiduciary is entitled to alienate what has been recevied. THey cannot donate or leave by way of will, and unless stated otherwise in the will, are required to ensure that at least the remainder or 1/4 of the value can be left to the fideicommissary. There is no requirement to give security.

Answer 129

Such power of attorney is void.

Answer 130

the estate of the late Robert Bell estate number 556/2022 his heirs, executors, administrators or assigns

Answer 131

the joint estate of the late Christopher Andrew Jukes estate number 23123/2023 and Surviving spouse Sameera malekjee Identity number : 654646 widow their heirs, executors, administrators or assigns

Answer 132

in the join estate of the late christopher Andrew Jukes Estate Number : 213/2023 and later deceased spouse, Sameera Malekjee Estate Number 2300/2023 their heris, executors, administrators or assigns

Answer 133

the executors in the estate of the later Christopher Andrew Jukes Estate number : 1235/2023

Answer 134

I, the undersigned Micheal Jukes in my capcity as executor in the estate late of Christopher Andrew Jukes Estate number : 454/2023 duly appointed in terms of letter of executorship, dated 15 December 2023, issued by the master of the High Court of Pretoria

Answer 135

**Deed of transfer** the executor in the estate of the late christopher Andrew Jukes Estate number : 46546 and Sameera Malekjee Identity number : 14654654 widow, previously married in community of property to each other **Power of attorney** I, the undersigned, Christopher Andrew Jukes in my capacity as executor in the estate of the late Christopher Andrew Jukes Estate Number : 1235/2023 duly appointed by letter of executorshop, dated 15 january 2023, issued by the master of the High Court, Pretoria and Sameera Malekjee Identity Number :65465465 widow , previously married in community of property to each other

Answer 136

1) wherein the executor is dealing with property that only belonged to the deceased 2) Wherein the proeprty is sold to settle debts of the joint estate (there is an additionial requirement that a certificate of either the master, executor or conveyancer must be lodged that the transfer is to settle debt) 3) Where there has been a massing of estates and the surviving spouses has adiated (there is an additional requirement tht a certificate that the surviving spouse had adiated the massing of the joint estate by the master or conveyancer or a statment by the surviving spouse duly witnessed). 4) Where the property is transfered in favour of the survivng spouse 5) Where the surviving spouse is also the executor.

Answer 137

**Power of attorney** I, the undersigned Christopher Andrew Jukes In my capacity as executor in the estate late of Sameera Malekjee Estate number : 123/2023 duly appointed by letter of executorship, dated 15 January 2023, issued by the master of the High Court, Pretoria And in my personal capacity as surviving spouse of the deceased with whom i was married in community of property **Deed of transfer** Christopher Andrew Jukes in his capacity as surviving spouse and executor in the estate late of Sameera Malekjee Estate number: 123/2023

Answer 138

Wherefore the appearer renouncing all rights and title, the joint estate of the later Christopher Andrew Jukes, estate number : 2364/2013, and his surviving spouse, Sameera Malekjee, identity number : 4654654654, widow, previously married in community of property with the deceased heretofore had to the premsises did in consequnce also acknowledge her to be entitled dispossessed of.

Answer 139

Wherein property to is be transferred to a heir or inherited, a further certificate is to be prepared. The certificate is preapred by a conveyancer and must state that: 1) The propsed trasnfer is in terms of a liquidation and distribution account, 2) that the L&D has lain open for inspection, and 3) no objections have been recevied. Before the conveyancer can prepared the certificate, the conveyancer must have obtained a copy fo the L&D and a copy of the will.

Answer 140

False : A section 42(1) certificate is not required for the cession of a bond.

Answer 141

This pertains to the sale of immovable property in a deceased estate. Such a sale requires a certificate from the master that "no objection to such transfer exist". The certificate can be issued regardless of whether the liquidation and distribution account has been prepared or not. And must be done if the property is sold prior to the death of the deceased but before transfer or after the death of the deceased. The only additiional requirement if done after the deceased's death is that the consent of the heirs will be required. This certificate is not a separate supporting document that is lodged but is an endorsement on the power of transfer.

Answer 142

This applies to the sale of property from a deceased estate. Steps to be taken are as follows: 1) the power of attorney is completed by a conveyancer and signed by the executor. 2) There the power of attorney is submitted with 2.1) a JM-33-questionnaire completed. 2.2) written consent to the sale from all the heirs 2.3) certified copy of the deed of sale. 2.4) a solvency affidavit by the executor (only at Pietermartzburg). 2.5) A copy of the will (only in Johannesburg). 3) If the master is statisfied that all requirements are met, he will endorse the power of attorney. 4) The master then returns the endorsed power of attorney to the conveyancer. 5) The power of attorney with the master's endorsement is then ldoged with the deed of transfer and other supporting documents.

Answer 143

I, the undersigned, Christopher Andrew Jukes Conveyancer, hereby certify that the trasnfer of the property mentioned herein 1) is in accordance with the liquidation and distribution account and that it has been awared in terms thereof; 2) which account has lain for inspection at the office of the master of the High Court in Pretoria from 28 February 2013 and 3) that no objections thereto was made Erf 3658 township of waterkloof Regsitration Division JR, Province of Gauteng Signed at Pretoria on the 3rd of April 2013 C A JUKES Conveyancer

Answer 144

AND the said appearer decalred that WHEREAS his principal had truly and legally sold the property herein to John Cohen on 15 April 2021, and AND WHEREAS the said John Cohen, who died on 1 May 2021, was married in community of proeprty to susan Cohen.

Answer 145

AND the said appearer declared that the said late John Brown during his lifetime had truly and legally sold on 6 of Janaury 2023.

Answer 146

"AND the said appearer declared that the said executor had with the consent of the Master truly and legally sold on 6 January 2023"

Answer 147

1) Date of death of the deceased 2) Where the deceased died testate or intestate - if testate, mention to the will and date on will 3) Deceased's name and surname 4) Surviving spouse's name and surname and whether they were married in community of proeprty or not. If married in comunity of property it must state that the surviving spouse is entitled to one-half share by virtue of marriage in community of property. 5) If the heir is married in community of property. 6) Short explanation why the transferee is entitled to the property 7) explaination how testamentary conditions are complied with (Testamentary conditions must be registered - new conditions and condictions preceding the bequest - bequests price which must be paid to a third party. 8) Whether there is massing of the estate and whether the surviving spouse adiated. 9) If there is a redistribution agreement, it must be mentioned and the date and place that same was signed.

Answer 148

B is entitled to a half share in the estate due to being married in comunity of proeprty. THe children are each entitled to a 1/8 share in the estate being the deceased's half share divided between the 4 children. Given that B repudicated the will, the right of the usufruct falls away.

Answer 149

1) Begin each paragraph with "WHEREAS" .. "AND WHEREAS" 2) Write short paragraphs 3) Give everything back what was asked in question in correct legal jargon.

Answer 150

WHEREAS the undermentioned transferee is entitled to the property herein conveyed, one half by virture of the joint will dated on 18 January 2022 of herself and the said late james brown, who died on 15 janaury 2023, and to whom she was married in community of property, and the other one-half by virtue of the said marriage in community of property.

Answer 151

"WHEREAS in terms of the will dated 15 may 2021 of the late Christopher Andrew Jukes, who died on the 15 of April 2021, his suviving spouse, Sameera Malekjee who he was married out of community of property and who is now married in community of property to jacobus van rensburg, was appointed sole heiress.

Answer 152

WHEREAS in terms of a joint will dated 15 January 2021of the late christopher Andrew Jukes, who died on 12 January 2023 and was married to Sameera Malekjee in community of property AND WHEREAS the testators massed their estate and the survivor adiated under the will, the undermentioned proeprty was specially bequeathed to their son, Jimmy Jukes subject to 1) a payment in favour of the jukes family trusting in the sum of 40 pounds and 2) to a habitatio in favour of the survivor.

Answer 153

WHEREAS in terms of a joint will dated 15 january 2022 of the late christopher Jukes, who died on 12 January 2023 and his surviving spouse, Sameera Malekjee who was married in community of property to AND WHEREAS the testators massed their estate and the survivor adiated under the will subject to a fideicommissum in favour of their children as herein described.

Answer 154

WHEREAS in terms of the will dated 15 January 2022 the late christopher Andrew Jukes, who died on 15 January 2023, the testator appointed his children of his marriage with Sameera Malekjee as his sole heirs and to share equally in the whole of his estate. AND WHERE AS the said children have entered into a redistribution agreement of the immovable property in the estate, on 16 January 2023 signed at Durban, in terms of which agreement the hereinafter-mentioned transferee is entitled to the undermentioned property.

Answer 155

WHEREAS the late christopher Andrew Jukes died intestate on 16 January 2022, and whereas he was married in community of property to Sameera Malekjee who is entitled to the hereinafter-mentioned property, half thereof by virtue of the marriage in community of property and half thereof as intestate heiress by virtue of section 1(1)(a) of Act 81 of 1987

Answer 156

WHEREAS the late chistopher Andrew Jukes died intestate on the 16th of January 2023, and his surviving spouse, Sameera Malekjee whom he was married to out of community of property, and his children are his intestate heirs in the share set out in terms of section 1(1)(c) of Act 81 of 1987

Answer 157

1) Wherein the property is recevied in party or whole by the surviving spouse 2) Werein the property is received by heirs or legatee in a deceased estate intestate, testate or as the result of a re-distribution agreement of the deceased estate in the process of liquidation. The document that is lodged is called a transfer duty exemption certificate.

Answer 158

1) Title deed 2) Deed of transfer 3) transfer receipt or transfer duty exemption certificate 4) clearnce certificate in respect of rate and taxes 5) Power of attorney 6) A certified copy of the will - certified by the master of the High Court - In the case of intestate sucession - an affidavit from the executor as proof of the fact that the decesed died in fact died intestate. 7) Certificate in terms of section 42(1) Other possible documents: 1) Redistribution agreement, that must be certified by the master. 2) Next of kin affidavit - This is due to the identity of the next of kin not being provided for in terms of the will, or the deceased dying intestate or a heir dying with descendants that are able to inherit. 3) Copy of marraige certificate or affidavit by surviving spouse. This is for where 1) a servitude is to be created and it must be established whether the marraige was in community of property 2) If the surviving spouse is to receive a half share in the property. 4) Death certificate in respect of a heir 5) Proof of adiation - This can be a certificate from the master, conveyancer or a statement from the surviving spouse. Wherein this fact appears in the power of attorney and the power of attorneys is signed by the surviving spouse, the above supporting documents are not needed. 6) Certified copy of waiver or repudiation. 7) In a respect of a polygamous muslim marriage - an affidavit from the surviving spouse. 8) A certitifcate from home affairs or court order in respect of a customary marriage.

Answer 159

1) Section 45(1) endorsement (deeds registirie act) [registration] - Wherein there is a surviving spouse in a joint estate, that spouse can take deal with that bond or property as if they had taken formal transfer. The executor and surviving spouse must lodge the application for the endorsement. 2) Section 39(2) endorsement (administration of Estate Act) [factual] 3) Section 39(3) endorsement (administration of Estate Act) [factual] 4) Section 40(1)(b) endorsement (administration of Estate Act) [factual]

Answer 160

1) this only takes place wherein the marriage is one in community of property. 2) It is an endoresment on either the bond or title deed 3) The Applicant must be prepared by a conveyancer and contain a preparation certificate. 4) Both the executor and the surviving spouse must lodge the application for endorsement 5) The Application must provide for the causa for the endorsement: i) In terms of a will ii) take-over by surviving spouse iii) intestate inheritance iv) redistribution agreement v) survivor's purchase of the deceased's one-half of the property. 6) the value of a **half share** of the property must be set out in the application. 7) Wherein the property is a unit and a separate exclusive use area, 2 separate applications must be prepared.

Answer 161

Wherein a right of usufruct, or another similar right, has been bequesthed to someone with further instructions that the property should devolve onto one or other specified or unspecified person, such provision of the will must be endorsed against the title deed. Documents to be lodged at the following: 1) Application in terms of Section 39(2) 2) Title deed 3) Certified copy of the will - certified by the master. 4) Section 42(1) conveyancer certificate. 5) Section 39(2) certificate by the master as consent for this application. 6) proof of adiation if applicable.

Answer 162

1) Wherein there is a fiduciary to whom transfer can immediately be given. 2) Wherein the estate is administered in terms of Section 18(3) of the administration of estates act, unless the master gives a directive and requests a registrar to apply the provisions of section 39(2). 3) Where Section 25(1) can be applied. Where the property is bequeathed to a child born or to be born of any person or marriage.

Answer 163

Prepared by Conveyancer Christopher Andrew Jukes 234242 Application in terms of Section 39(2) of the Adminstration of Estates Act 66 of 1965 I, the undersigned Michael Jukes In my capcity as executor in ther estate late of Denise Grote, duly appointed by letter of Executorship Number 8893/2020 issued by the master of the High Court, Pretoria on 15 January 2020 Do hereby make application to the Regsitrar of Deeds in Pretoria in terms of section 39(2) of the adminstration of estate Act, to endorse the title deed of ERf 175 Northmead Registration Divsion JQ Measuring 1200 (One Thousand Two Hundred )square metres Held by deed of transfer : T5646/2019 to the effect that the abovementioned property shall be subject to the stipulations of the will of the late Denise Grote, dated at Benoni on 15 January 1990 in favour of Jill Jukes Identity Number : 54654 Unmarried Signed at Benoni on 15 May 2023 _________________________ Executor

Answer 164

Wherein a heir is unable to pay the required costs involved in having proeprty registered into his name, the master may authorise the executor to endorse the title deed to the effect that the proeprty has been bequeathed. A section 39(3) endorsement is only a factual endorsment. It is thus not a registration-endorsement. Documents to be lodged at the following: 1) Application in terms of Section 39(3) 2) Title Deed 3) Certfied copy of the will 4) Section 42(1) conveayancer certificate 5) Section 39(3) certificate from master as consent to the application. 6) Proof that the heir cannot effect the transfer. 7) Consent from bond holder.

Answer 165

Prepared by Conveyancer Christopher Andrew Jukes 465654 Application in terms of Section 39(3) of the Administration of Estates Act 66 of 1965 I, the undersigned Michael Jukes In my capacity as executor in the estate late of Nikki Jukes, duly appointed by letter of executorship Number 456/2020 ued by the master of the High Court at Pretoria on 16 January 2021 do hereby make application to the Registrar of Deeds at Pretoria in terms of section 39(3) of the Administration of Estate Act, to endorse the title deed of the Erf 123 Northmead Registration Division JQ Measuring 1200 (One Thousand Two Hundred) Square meters Held by deed of trasnfer T1351/2019 to the effect that the above mentioned property is bequeathed and inherited in terms of the stipulations of the will of the late Nikki Jukes, dated at Benoni on 18 March 2006, in favour of Jill Jukes Identity Number : 546464654 Unmarried Signed at Pretoria on 30 January 2022 ____________ Executor

Answer 166

This type of endorsement takes place wherein a trust is created in terms of a will and there are immovable properties involved. Delivery of the property takes placed wherein an endorsement takes placed against any title deed, mortgage bond or notarial bond. This endorsement does not effect transfer of the property and is a factural endorsement. An endorsement in terms of this section means 1) that a reference to the provisions of the will are noted the deed concerned, and 2) that the authority to deal with such assets passes from the executor to the trustees. THe trustees cannot dealk with such assets other than in accordance with the provisions of the will, unless he is authorised by the court to do so. As soon as beneficiaries are entitled to the trust assests, the immovable property shall be transferred into their name. Documents to be lodged are: 1)Application in terms of Section 40(1)(b) 2)Title Deed 3)Certified copy of the will - certified by the master 4)Section 42(1) certificate by conveyancer 5)consent from bond holder if property is mortgaged. 6)Whereint he proeprty is part of a joint estate and massing has taken place, proof of adiation from the surviving spouse.

Answer 167

Prepared by Conveyancer Christopher Andrew Jukes 456456 Application in terms of Section 40(1)(b) of the Adminstrations of Estate Act 66 of 1965 I, the undersigned Michael Jukes In my capcity as executor for the estate late of Sameera Malekjee, duly appointed by letters of executorship number 2135/2022, issued by the master of the High Court, Pretoria on 15 January 2023 do hereby apply to the Registrar of Deeds at Pretoria in terms of Section 40(1)(b) of the Adminstration of Estates Act 66 of 1965, to endorse the title deed of the following property Erf 132 Northmead Registration Division JQ Measuring

Answer 168

Prepared by Conveyancer Christopher Andrew Jukes 456456 Application in terms of Section 40(1)(b) of the Adminstrations of Estate Act 66 of 1965 I, the undersigned Michael Jukes In my capcity as executor for the estate late of Sameera Malekjee, duly appointed by letters of executorship number 2135/2022, issued by the master of the High Court, Pretoria on 15 January 2023 do hereby apply to the Registrar of Deeds at Pretoria in terms of Section 40(1)(b) of the Adminstration of Estates Act 66 of 1965, to endorse the title deed of the following property Erf 132 Northmead Registration Division JQ Measuring

Answer 169

Prepared by Conveyancer Christopher Andrew Jukes 456456 Application in terms of Section 40(1)(b) of the Adminstrations of Estate Act 66 of 1965 I, the undersigned Michael Jukes In my capcity as executor for the estate late of Sameera Malekjee, duly appointed by letters of executorship number 2135/2022, issued by the master of the High Court, Pretoria on 15 January 2023 do hereby apply to the Registrar of Deeds at Pretoria in terms of Section 40(1)(b) of the Adminstration of Estates Act 66 of 1965, to endorse the title deed of the following property Erf 132 Northmead Registration Division JQ Measuring

Answer 170

Prepared by Conveyancer Christopher Andrew Jukes 456456 Application in terms of Section 40(1)(b) of the Adminstrations of Estate Act 66 of 1965 I, the undersigned Michael Jukes In my capcity as executor for the estate late of Sameera Malekjee, duly appointed by letters of executorship number 2135/2022, issued by the master of the High Court, Pretoria on 15 January 2023 do hereby apply to the Registrar of Deeds at Pretoria in terms of Section 40(1)(b) of the Adminstration of Estates Act 66 of 1965, to endorse the title deed of the following property Erf 132 Northmead Registration Division JQ Measuring 120 (One Hundred and Twenty) Square metres Held by Deed of transfer T1235/2020 to the effect that the stipulations of the will of the late Sameera Malekjee, dated at Benoni on 14 January 2023, shall be applied to the title deed to the effect that the abovementioned property shall be adminstrated by the trustees of the Sameera Malekjee Testamentarty Trust, appointed in terms of the stipulations of the abovementioned will. Dated at Pretoria on 30 January 2023 ___________ Executor

Answer 171

This option vests with the heirs.

Answer 172

This consent is given by the master of the High Court and is subject to the following requirements. 1) That the Applicant must have been married to the deceased (either in or out) 2) The major heirs must consent. 3) It must not be in conflict with the will. 4) no person may be predjudice. No reference to a will in the application or when lodging is necessary. Note : usually a bond is taken in favour of the master to secure a minor's interests.

Answer 173

1) The Will itself 2) The Master 3) The Court

Answer 174

1) Wherein a peice of land is subdivided in order to enble them to partition the land, or 2) The land need not be subdivided because it already consists of various peices of land which can easily be partitioned.

Answer 175

1) An agreement between the owners of the land, or 2) A court order directing as to how the partion should take place.

Answer 176

1) There must be an agreement of partition 2) Each of the partitioners must be one of the joint owners 3) The land must be capable of being partitioned 4) There must be a redistribution of land 5) Each party must receive a share in the land. There is may be a payment in addition (which payment is subject to transfer duties), but all partitioners must receive a share in the land. 6) The co-owners must be competent to enter into such an agreement. 7) Partitions must be registered simultaneously 8) All joint owners must own the whole property.

Answer 177

1)Mention of the land to be partitioned 2)The share registered in the name of each joint owner 3)The land or share therein awarded to eahc of the owners 4)The conditions, if any. 5)The consideration, if any, paid in order to equalise the portions. 6)Reference to the agreement of partition or it must be annexured to the power of attorney

Answer 178

This takes place wherein a payment is made to equalise the property. The person that paid this amount is liable for transfer duties.

Answer 179

Preparation certificate ______________________ Conveyancer Chriostopher Jukes 465465 Power of attorney and agreement of partition We the undersigned Christopher Andrew Jukes Identity number 456454 unmarried And Michel Jukes Identity Number : 464654 Unmarried being the joint owners of Erf 20 Northmead Township Registration Division JR, Provision of Gauteng Measuring 100 (One hundred) Square metres Held by Deed of transfer T465125/2010 in equal shares declare that we hereby agree to patition the said land by sub-dividing the same according to our respective interest therein and to recive transfer in severalty of the sub-divided portions hereinafter set out. And we do hereby nominate and appoint Christopher Andrew Jukes (455646) with power of substitution to be our true and lawful attorney and agent to appear before the Registrar of Deeds at Pretoria and then and there as our act and deed to pass trasnfer of the sub-divided portions to us in serveralty as follows: Allocate to 1) Christopher Andrew Jukes Identity number 456454 unmarried Protion 1 Erf 20 Northmead Township Registration Division JR, Provision of Gauteng Measuring 50 (Fifity) Square metres As shown on subdivision digram SG No 2584/2020 2) Michel Jukes Identity Number : 464654 Unmarried Remainder of Erf 20 Northmead Township Registration Division JR, Provision of Gauteng Measuring 50 (Fifity) Square metres As shown on subdivision digram SG No 2584/2020 AND we declared that we have not, nor has any other person on our behalf, given or received any money or any other valuable consideration for or in repsect of the partition and simultaneous transfer of the aforesaid property. AND we further decalre the properties are of equal value, the value of each property to be R900 000.00 (Nine Hundred Thousand Rand) Signed At PRetoria on 14 January 2023 ________________ ________________ Christopher Jukes ________________ ________________ Witnesses Michael Jukes

Answer 180

false, wherein no consideration is given, the considertaion clause must still be completed and it must be indicated that no consideration is given.

Answer 181

1) Deed of partition transfer 2) Power of Attorneys - with details or attached agreement to partition 3) Title Deed 4) Subdivision diagram 5) Consent of the muliciaplity 6) Transfer duties receipt if there is a payment to any owners 7) Clearance certificate

Answer 182

Prepared by ________ Conveyancer Christopher Andrew Jukes 65464564 Deed of Partition Transfer BE IT HEREBY MADE KNOWN That Christopher Andrew Jukes (234243) appeared before me the Registrar of Deeds at Pretoria, he, the said appearer, being duly authorised thereto by virtue of power of attorney, granted to him by : 1) Nikki Jukes Identity Number : 4546546465 Unmarried 2) Michael Jukes Identity Number : 4546546465 Unmarried dated 1 January 2023 and signed at Boksburg And the said appearer declared that WHEREAS his said principals heretofore held and possessed in join ownership Erf 10 Northmead Township Registration Division JR, Province of Gauteng Measuring 100 (One Hundred) Square metres Held by the undermentioned transferee by virtue of Deed of Trasnfer T5661/2020 in respect of 1/2 share AND WHEREAS ther said joint owners have agreed to partition the said land by sub-dividing same according to their respective interests therein and receiving transfer in severalty of such sub-divided portion NOW THEREFORE, the said appearere, in his capacity aforesaid and in pursuance of the above in part recited agreement, declare that he did by these presents, cede and transfer in full and free property unto and on behalf of the said 1) Nikki Jukes Identity Number : 4546546465 Unmarried her heirs, exeuctors, adminstrator or assisgns Portion 1 Erf 10 Northmead Township Registration Division JR, Province of Gauteng Measuring 100 (One Hundred) Square metres As will more fully appear from annexured diagram SG NO 2865/2020 and held by deed of transfer T5661/2020 Subject to the following conditions: ... WHEREFORE the appear, rouncing all the rights and title his principals heretofore jointly had to the premises, on behlaf as aforesaid, did, in consequence, also acknowledge his said principals with the exception of the above transferee to be entirely dispossessed of and disentitled to the land hereby transferred; AND THAT by virtue of these presents, the said Nikki Jukes, her heirs, executors, administrators or assigns, now is and henceforth shall be entitled thereto conformably to local custom, the state however reserving its rights. AND FINALLY acknowledging his remaining principal to have received as a consideration transfer on this day of his respective portion in the landed property partitioned as aforementioned. IN WITNESS whereof I, the siad Registrar, together with her appearer, have subscribed to these presents, and have casued the seal of office to be affixed thereto. This done and executed at the office of the Registrar of Deeds at Pretoria on 16 January 2022 _________ Signature of appearer In my presence ______ Registrar of Deeds (Note : another Deed of partition transfer must be prepared for the remaining portion)

Answer 183

A praedial servitude in a partition can only be created by way of notarial deed.

Answer 184

Wherein there is an existing bond over a share in a property, the bond must 1) either be cancelled and 2) replaced with a new bond or substituted. Wherein a bond holder is involved the mortgagee must give written consent to 1) partition the land, and 2) subsitution of land.

Answer 185

Prepared by me ___________ conveyancer Christopher Andrew Jukes 45646546 Consent to partition and substitution I, the undersigned Billy the Banker duly authorised by virtue of a resolution of Registration number 2023/00001/07 the legal holder of the undermentioned bond, namely - number : B341/2010 passed by : fil green Identity number : 1351351531351 Unmarried in favour of : Happy Bank limited Registration number 2023/00001/07 For the sum of : R1 000 000.00 (One Million Rand) plus an additional amount of R200 000.00 (Two Hundred Thousand) do hereby consent to: 1) the partition of the land mortgaged under this bond; and 2) the substitution of the land awarded on partition to the mortgagor in terms of the partition agreement, for the share mortgaged, namely Portion 30 (a portion of portion 1) of the farm Son Kraal 197 in the municipality and Division of Wilniedal, Province Western CApe In extent of 3800 (Three Thousand Eight Hundred) square metres Signed at Cape Town on 6 January 20000 Witnesses _______________ _______________ _______________ Bondholder

Answer 186

Wherein a lease , servitude or other right exists in a share of land, the consent of the holder for partition and allocation of the right will be requried. Wherein all parties shares in the property are subject to the same servitude, the consent of the holders is not requried.

Answer 187

The conditions of the certificate of Registered title must be the same as the title deed. No new conditions are created. The only exception is Section 43 wherein the certificate of Registered title in the case of subdivision.

Answer 188

1) An application for the issue of a certificate of Registered title (signed by owner no format), and 2) The certificate of Registered title (signed by the Registrar very strick format)

Answer 189

if: 1) Transfer of a fraction of such a share 2) The owner intends to mortgage the whole or a fraction of his share 3) The owner intends to leave the whoe or a fraction of his share

Answer 190

Wherein an owner transfers his **whole** share, a certificate of registered title is not needed.

Answer 191

The Application - 1) contain a conveyancer's prepation certificate 2) must contain a full description of the property and kind of certificate applied for 3) Must be signed by the owner 4) Must indicate the date and place of execution. The Certificate 1) contain a conveyancer's prepation certificate 2) must be signed by the registrar 3) No new conditions may be inserted. Both the application and certificate must make reference to Section 37 but the cause refers to Section 34(1) Furthermore the title deed and mortgage bond must be lodged - No consent of the mortgagee is required.

Answer 192

Prepared by ____________ Conveyancer Christopher Andrew Jukes 46564654 Application in terms of Section 37(1) of the deeds registries Act 47 of 1937 I, the undersigned Michel Jukes Identity Number :4564654654 unmarried do hereby apply in terms of section 37(1) of the Deeds Registries Act 47 of 1937 to the Registrar of deed at Pretoria, for the issue to me of a certificate of registered title under the provisions of Section 34(1) of the said act in respect of One-half (1/2) share in and to the farm Renosterfontein 784 Regsitration Division JR, Province of Gauteng Measuring 989,4245(Nine hundred and Eighty nine comma four two four five) hectares Held by me under deed of transfer T3384/2006 Signed at Pretoria on 30 Janaury 2023 _________ Michel Jukes Note wherein the Section is made to Section 34(1), this can be cahnged for 34(1A), 34(2), 35 and 36

Answer 193

Section 34(1A) can be used and applied for by the owner of a whole property or who has a share in a peice of land. Section 34(1) on the other hand is only for a person who is a joint owner in a peice of land.

Answer 194

All owners of the proeprty must supply affidavits which indicate the following: 1) A description of the deed 2) A statement that the deed has not be pledged and that it is not being detained as security for debt or otherwise. 3) A statment that the title was acutally lost or destroyed 4) And that it cannot be located through a dilegent search 5) Where possible, the circumstances around how the deed was lost must be provided.

Answer 195

The bond holder must statge that: 1) the lost deed is not in their possession; and 2) that the bond holder consents to the issueing of the certificate of registered title.

Answer 196

1) Application 2) certificate in terms of Section 37 with reference to Section 34(2) 3) affidavit in respect of where or how te deed was lost 4) Proof that notice had be publicated in the newspaper. 5) Consent from the bond holder 6) Copy of the bond.

Answer 197

Prepared by me __________ Conveyancer Christopher Andrew Jukes 4546654 Application in terms of Section 37 of the Deeds Registries Act 47 of 1937 I, the undersigned Christopher Andrew Jukes Identity Number :654654654 Unmarried do hereby make application to the Registrar of Deeds for Pretoria in terms of Section 37 of the Deeds Registries Act 47 of 1937 for the issing of a certificate of Registered Title in terms of Section 35 of the Deeds Registries Act 47 of 1937 in respect of my aggregated share in the undermentioned property, name 5/8 (fifth eighth) share in and to Erf 123 Northmead Township Registration Division J.R, Province of Gauteng Measuring 1200 (One Thousand Two Hundred) Squre Metres Held by the following title deeds in the following shares namely - 1/4 (one Quarter) share by means of Deed of transfer T123/2010 1/4 (one Quarter) share by means of Deed of transfer T567/2015; and 1/8 (one eight ) share by means of Deed of transfer T512/2016 Signed at Pretoria on 16 July 2020 ____________ Christopher Andrew Jukes

Answer 198

1) Application 2) Certificate in terms of Section 35 3) title deed 4) Mortgage bond

Answer 199

In terms of Section 35 a pertaons has multiple shares in different title deeds and wants to consolidate them. In terms of Section 36, a person has multiple properties in 1 title deed and wants to separate them.

Answer 200

This applies to when an owner of the property and the deeds offices have lost their respective copies of the the title deed. Wherein this happens an applicant must place a notice in the local news paper and government gazette for 2 consecutive ordinary issues. A draft of the proposed certificate, a copy of diagram with the application must also lay open for inspection at the deeds registry for a period of 6 weeks. Documents to be submitted: 1)Application 2)Affidavit, unless it is attached to application. 3)Certificate of registered title 4)Diagram 5)Confirtmation that notice was published in local newspapers and governemetn gazette for 2 consequetive issues. 6)Presentation that no objections were received. 7)Mortgage bond 8)Mortgagee statement that the title deed is not in their possession.

Answer 201

Prepared by me ______ Conveyancer Christopher Andrew Jukes 5646546 Application nd Affidavit in terms of Section 38 of the Deeds Registries Act 47 of 1937 I, the undersigned Michael Jukes Identity Number : 45646546 Unmarried do hereby declare under oath that: 1) the said person is the registered owner of the Erf 142 Northmead Township Registration Division J.r Province of Gauteng Measuring 1000 (One Thousand) Square metres Held By Deed of Transfer 1234/2014 2) The said deed of trnasfer has not been pledged and is not being detained by anyone as security for a debt or otherwise 3) The said deed of trnasfer was actually lost or destroyed and cannot be found though diligent search has been made therefore. 4) I am not aware of the circumstances under wihich the said Deed of transfer has become lost or destroyed 5) The deeds office copy of the said deed of transfer is also lost or destroyed under circumstances unknown 6) The notice of intention to issue a certificate of registered title under section 38 of the Deeds Registries Act 47 of 1937 has been duly publicised in two consecutive issues of the Citizen and two consecutive issues of the Government Gazette as requried. 7) I attach proof of publication hereto as Annexure "A" and "B" respectively 8) The period of 6 (six) weeks after the date of the first publication of the notice in the Government Gazette has lapsed and to the best of my knowledge and belief, no objection to the issue of the certificate of registered title has been lodged with the Registrar of Deeds I hereby apply to the Regsitrar of Deeds at Gauteng in accordance with Section 38 of the Deeds Registries Act 47 of 1937 for the issue to the said person of a certificate of registered title to replace the said lost/destrpyed deed of tranfser. ______ depondent I certifiy that the Deponent has acknowledged that he knows and understands the contents of this affidaivt which was signed and sword to bfore me at Johannesburg on 17 January 2023. _______ Commissioner of Oaths

Answer 202

Wherein one piece of land is registered in 2 persons name (one by error), a certificate of registered title. This takes place by having the person who received the property transfer by way of rectification transfer and then the Application is made for a certificate in terms of Section 39, this certificate takes the place of the two existing deeds of transfer. Documents that are filed are : Application Certificate of registered title Both title deeds Mortgage bond.

Answer 203

Prepared by me _______ Conveyancer Christopher Andrew Jukes 5464654645 Applicaiton in terms of Section 39(1) of the Deeds Registries Act 47 of 1937 I, the undersigned Michael Jukes Identity Number :564646 Unmarried am the registered owner of the land described as Erf 15 Northmead Township Registration Division J.R, Province of Gatuteng In EXTENT 900 (Nine Hundred) Square Metres Held by me under Deed of Transfer T286/2000 1) As a result of a conveyanceing error the same land is also registered uin the name of Jeffery Jimmy, Identity Number 46546546545 unmarried, under Deed of Trasnfer T987/2000 2) To correct the error in registration, the land is about to be transferred to me by the said jeffery, with a result that i shall then hold the land under two title deeds. 3) I therefore apply to the registrar of Deeds Johannesburg, in terms of Section 39(1) of the Deed Regsitries Act 47 of 1937, for the issue to me a Certificate of Registered Tilte in respect of the said land, taking the place of the deeds by which it was previously held. Signed at Boksburg 13 Janaury 2006 _____ Michael Jukes

Answer 204

Where conditions have lasped or been cancleed a "clean" title deed can be issued wherein these conditions are no longer applicable. Prior to requesting such a certificate of regsitered title the necessary conditions must be remvoed in terms of section 68. This can only be done by an owner of the whoile property and not a share. This certificate will replace the title deed.

Answer 205

1) The properties must be contiguous to one another 2) The property must be onwed by the same owner or two more owners that own the same share in each property 3) The properties must be of the same register (Both sectional title or township etc) 4) They must be in ther same registration division or adminstration district 5) They must be in the same province In addition to the above, a **consolidated diagram** must be preared and be available to be lodged.

Answer 206

Prepared by me __________ Christopher Andrew Jukes 45646546 Application in terms of Section 40 of the Deeds Registries Act 47 of 1937 We the undersigned, Mike Jukes Identity Number : 45465465 And Kate Brown Identity Number 465465465 married in community of property to each other do hereby appliy in terms of Section 40 of the Deds Registreies act 47 of 1937 to the Regsitrar of Johannesburg for the issue of a certificate of consolidated title in respect of 1) Remining of erf 100 Northmeand Township Registration Division JR, Province of Gauteng Measurting 1000 (One Thousand) Square metres Held by deed of Transfer : 465465/2015 2) portion 1 of erf 100 Northmeand Township Registration Division JR, Province of Gauteng Measurting 1000 (One Thousand) Square metres Held by deed of Transfer : 1/2016 Which Properties on consoldiation will be knwon as Erf 200 Northmeand Township Registration Division JR, Province of Gauteng Measurting 2000 (Two Thousand) Square metres As will appear from Diagrem S.G Nr 45/2016 Signed at Warrenton this 16 AJnuary 2017 ____________________________________________ Mike Jukes ____________________________________________ Kate Brown

Answer 207

Wherein both properties are subject to the same conditions or servitude, qualification will not be necessary. Wherein conditions are different for each property, reference to that proprty in the certificate must be provided for with refernce to the cosntions. In respect of a servitide, wherein same only applies to to one property, reference to that property must be made and to the servitude.

Answer 208

The former Erf 125 Northmead, depicted by the figure aBCd on the attached diagram SG No 55/2013 is subject to the following conditions:- Subject to a 5 metres wide right of way servitude in favour of High brow holding Proprietary limited, the centre line of which is indicated by the line xy on annexured diagram S.G. 55/2013, as will more fully appear from Notarial Deed K100/2006S, with diagram annexd thereto.

Answer 209

1) The trasnfer of the property must first take place. The transfer will include the servitude. 2) The Registrar of deeds will then note the lapsing of the servitude due to the merging of properties. 3) With the servitude noted as lasped, the certificate of consolidation can be issued free of the servitude.

Answer 210

1) Application 2) Certificate of consolidated title 3) title deeds for both properties 4) proof of notification to municipality 5) approval from municipality 6) Certifiicate of compliance by municipality 7) Consent of the holder in whose favour a notarial tie is regsitered 8) Bonds are treated as per circumstnaces of each transfer.

Answer 211

Prepared by Me _______________ Chrisopther Andrew Jukes 293764 Certificate of consolidated title Whereas Mike Jukes Identity number : 454646 and Kate Bround Identity number : 5464654 Married in community of property to each other have applied for the issue of a certificate of consolidated title under the provisions of Section 40 of the Deeds of Registries Act 47 of 1937 And whereas they are the owners of 1) Remainder of erf 99 North mead Registration Division J.r, Province of Gauteng Held under deed of transfer 123/2012 2) Portion 1 of erf 99 North mead Registration Division J.r, Province of Gauteng Held under deed of transfer 122/2014 Which have been consolidated into the land hereinafter described; Now therefore in pursuance to the provisions of the said Act, I the Registrar of Deeds at Johannesburg do hereby certifiy that the said 1) Mike Jukes Identity number : 454646 and 2) Kate Bround Identity number : 5464654 Married in community of property to each other their heirs, executors, administrators and assigns are the registered owners of Remainder of erf 1050 North mead Registration Division J.r, Province of Gauteng Held under deed of transfer 123/2022 measuring 2000 (Two thousand) Square metres As will appear from Diagream SG No 55/2016 annexed hereto . The Property held hereunder is subject to the following conditions: 1) The former Portion 1 of erf 99 North mead measuring 1000 (One thousand) Square metres represented by the figure AxyD on the said Diagram S.G No 55/2016 is subject to the following conditions: A portion measuring approximately 200 Square metres has been expropriated by the Municipality for road widening purposes as will appear more fully from expropriation notice EX84/1994 AND Further subject to all such conditions as are mentioned or referred to in the aforesaid deeds. AND that by virtue of these presents, the said Michael Jukes and Kate Brouwn, their heirs, executors, adminstrators or assigns, now is and henceforth shall be entitled thereot conformably to local custom, the state, however reservings its rights. In witness whereof I, the said Registrar, have subscribed to these presents ,and have caused the seal of office to be affixed thereto. Thus done and executed at the office of the Registrar of Deeds at Johannesburg on this the 18th day of Janaury 2023 ___________________ Registrar of Deeds

Answer 212

1) the bond must either be cancleed, or 2) or the bond can be substituted for the consolidated property. Documents that must be submitted. 1) Application 2) Mortgagee's consent 3) relevant mortage bond for endorsement

Answer 213

The bonds must be cancelled. This would also apply where a first and second bond exist over each property. It is suggested that not all bonds need to be cancelled, only until there is one bond left.

Answer 214

Given that the property registers are different it is prohibited to consolidate them. There are 2 ways around this: 1) tie the properties with a notarial tie agreement between the owner and local authority. 2) (Only in PTA and JHB). Have the boundaries of the township extended to include the farm (section 49).

Answer 215

In terms of section 43(1) subdivision takes place wherein a particular portion of lands has been surveyed, and the surveyor-general has approved the diagram for this portion The Deeds office will still have the entire property on one title deed.

Answer 216

1) wherein a bond is to be registered and the property that was subdivided is still under the original title deed. 2) Wherein 2 properties are to be consolidated and they still form part of the original title deed. 3) The remainder of the property cannot be transferred before all portions have issued certificates of registered title

Answer 217

1) Consent by local authoirty (The municiaplity) and if the land is agricultural Land, then also consent from the minister of Agriculture and land affairs. 2)the portion must be survyed and subdivided on a diagram , which diagram must be apporved by the surveyor-general

Answer 218

1) Consent by local authoirty (The municiaplity) and if the land is agricultural Land, then also consent from the minister of Agriculture and land affairs. 2)the portion must be survyed and subdivided on a diagram , which diagram must be apporved by the surveyor-general

Answer 219

A certificate from the surveyor general to prove that the property which is being dealt with, is by virtue of its situation, not subject to the condition or servitude.

Answer 220

These are rights that are supplementary to the servitude and involve, for example, the right to access and maintain a servitude.

Answer 221

The general Rule is that the servitude must be created by way of noterial deed. Wherein conditions are imposed by the 1) local authority and 2) imposed by the minister.

Answer 222

1) conditions imposed by the local authority must be provided for in terms of the certificate of registered title. These conditions need not appear in the application. If however the property is transferred by way of deed of transfer, then the conditions must appear in the power of attorney. 2) Conditions imposed by the minister of agriculture must not be inserted into the certificate but will be endorsed by the registrar against the certificate. Wherein the property is transferred by way of deed of transfer, the new conditions must be provided for in terms of the power of attorney.

Answer 223

Wherein this takes place the registrar will enter a caveat against the certificate and title deed of the remainder , wherein the property is transfered to a third party, the servitude must be registered

Answer 224

Prepared by ___________ Conveyancer Kersey Bloufield 4654654 Application in terms of Section 43 of the Deeds Registries Act 47 of 1937 I, the undersigned Phil Marj Identity Number :5644654 Unmarred Do hereby to the Registrar of Deed, Pretoria in terms of Section 43 of the Deeds Registries Act 47 of 1937 to issue me a certificate of Registered Title in respect of Portion 1, erf 123 Northmeand Township Registration Division J.R, Province of Gauteng Measuring 1200 (One Thousand Two Hundred) square metres As will appear from Diagram SG No. 900/2022 Signed at Cape Town on 9 January 2023 _____________ Phil Marj

Answer 225

1) Application 2) Certificate of Registration Title 3) Subdivision diagram 4) Mother diagram 5) Title Deed 6) Notice to the local authoirty in respect of the propsed subdivision 7) Approval from the local authority 8) Certificate of complaince from municipality 9) Mortgagee's consent 10) Mortgage Bond Note : similar to consolidation, except you have a subdivisional diagram instead of consolidated diagram, the mother diagram is needed and bond with consent from bond holder.

Answer 226

1) Application 2) Certificate of Registration Title 3) Subdivision diagram 4) Mother diagram 5) Title Deed 6) Notice to the local authoirty in respect of the propsed subdivision 7) Approval from the local authority 8) Certificate of complaince from municipality 9) Mortgagee's consent 10) Mortgage Bond Note : similar to consolidation, except you have a subdivisional diagram instead of consolidated diagram, the mother diagram is needed and bond with consent from bond holder.

Answer 227

1) Deed of transfer 2) Power of attorney 3) subdivisionial diagram 4) Mother diagram 5) Title Deed 6) Transfer duty receipt or exception 7) Rates and clearnce certificate 8) Notice of approval 9) Approval of subdivsion 10) Certificate of compliance. 11) Mortgagee consent to release or Mortgagee consent to cancellation 12) Bond.

Answer 228

The procedure provided in section 49 must be applied and the certificate of title must be issued in the name of the body corporate.

Answer 229

Christopher Andrew Jukes Identity Number : 5465465 (now deceased) and Sameera Malekjee Identity number : 4564654654 (formerly married in community of property to each other)

Answer 230

Christopher Andrew Jukes Identity Number : 54654654 Formerly unmarried (now married out of community of property)

Answer 231

The trustees of the trust created in the will dated 16 January 2023 of the late Christopher jukes Registration Number MT 440/2016

Answer 232

False , the certificate must have these details included.

Answer 233

The certificate of registered title should be made out in the name, of the deceased and not his estate as provided for in regulation 54(2) of the deeds Registries Act

Answer 234

Jack Johnson Identity Number : 74646546 married out of community of property (now deceased)

Answer 235

Jack Smith Idenity number 2982093840 (now deceased) and Marry Smith Identity number : 6546546 (Formerly married in community of property to each other)

Answer 236

Marry Smith Identity Number : 456646 formerly unmarried (now married out of community of property)

Answer 237

1) CRT for joint owner's undivided share (section 34(1)) 2) CRT for a join owner's undivided share where the joint title was lost or destroyed (Section 34(2)) 3) CRT for an aggregated share (Section 35) 4) CRT for one or more properties held under one title deed (Section 36) 5) CRT to replace a lost or destroyed title deed (Section 38) 6) CRT to correct an error in registration (Section 39(1)) 7) CRT to omit lapsed or cancelled conditions (Section 39(2)) 8) CRT for a subdivided poriton of land (Section 43) 9) CRT in respect of land previously held under a section title (Section 43(A))

Answer 238

1) obtain approval from the relevant municiaplity for the township establishment 2) THere after the property must be subdivided into erven or lots indiacted on a general plan. Such general plan must be drawn on by a land surveyor 3) The draft general plan is submitted to the surveyor -general for apporval and allocates a number. When the general plan is approved, the plan becomes the official general plan for the township. 4) Finally the owner of the property must apply to the registrar of deeds for the opening of the township registrar and registration of the general plan. (section 46(1)) Wherien the owner applies, he must lodge the title deed, diagram. mortgage bond and consent from bond holder. 5) After the regsitrar has been opened by the registrar of deeds, the township must be declared as an approved township in the Provincial Gazette

Answer 239

1) Application to open a township 2) title deed 3) general plan 4) Notification of approval 5) conditions of establishment and attached layout plan 6) certificate of compliance by the municipality 7) Letter from the department of Agriculture 8) mortgage bond and consent from the mortgagee

Answer 240

1) On application for certificate of township title. Held on the same title deed. A certificate of township title must be issued as set out in Form V with a diagram of the subdivided land annexed to the township title. 2) Have a certificate of registered title issued in terms of section 43. This can be done before or after the approval of the township. Regardless of the approch, a diagram of the portion must be attached.

Answer 241

1) Application for the issue of certificate of township 2) Certificate of township - Form V 3) subdivision diagram 4) title deed 5) letter from the Department of Agriculture 6) mortgage bonds 7) consent by the mortgagee

Answer 242

True, the registrar can insist that the properties be consoldaited in terms of Section 40.

Answer 243

I would request that the deeds and certificates be lodged permanently at the deeds office. This done wherein lodgment of a transaction takes place, a permanet filing number is allocated to such a deed and inserted on the back of the lodgment cover. A fee is payable for this and is renewed yearly. In addition, a request for a deed to be filed permanently includes an indemnity in favour of the Registrar agasint any damanges the owner may suffer as a result of the loss or desruction of the deed.

Answer 244

No, He must first take out a certificate of Registered title for each of the erven before consolidation may take place (Section 43(5)(a))

Answer 245

1) The owner must first apply for the issue of a certificate of Registered title in respc tof the erven to be consolidated (Section 43(5)(a)). The Mortgagee must consent to the release of the two erven from the operation of the bond. The owner must apply for the issue to him of a Certficaite of Consolidated Titel 2) "do hereby consent to the release of 1 Erf 25 in the township Blue Vil Registration division J.Q, Province of Gauteng Measuring 800 (Eight hundreed) square metres and 2 Erf 26 in the township Blue Vil Registration division J.Q, Province of Gauteng Measuring 800 (Eight hundreed) square metres from the operation of the above bond."

Answer 246

The farm happy ever after (now known as the township Jukes Vil, including public places) Regsitration divison J.R, Province of Gauteng Measuging 2,3045( two comma three nought four five) hectares Note : wherein the whole township is being transfered, a certificate by the conveyancer must be lodged that no erven in the township have been transferred. Note : whrein the remaining extent of the township is being transferred, a certificate by the surveyor-general must be lodged in confirmation of the extent of the remainder of the township. Note : wherein a portion of the township is being transferred, a diagram for that portion needs to be supplied. The boundary lines must coincide with one or more lines of the division as shown on the general plan. On the diagram, all erven that have been transferred must be excluded from the total extent of erven that are on the diagram.

Answer 247

1) The remaining extent Ben Vil Township situated on protion 4 of the farm skin deep Registration division J.Q, Province of gauteng Measuring 3,9876(Three comma Nine Eight Seven Six) hectares 2) Power of attorenys Transfer duty receipt surveyor-general certificate clearance certificate.

Answer 248

This is used to correct a general Fact and includes the following: 1) The name and sex of a person who under goes a sex change 2) A person who changes theri matrimonial property system from out to in 3) The purchase price or value of the property (Herein there is a na increase and transfer duties are payable, such endorsement must be accompanied with a tranfer duty receipt) 4) Wherein a CC become a company or a private company becomes a public company.

Answer 249

This is used to correct an error that may have been missed by the conveyancer and examiners at the deeds office. Such errors include: 1) The name or the description of a person 2) The name or the descrition of the property 3) conditions affecting any such property. Wherein the marital status of persons is to be changed, regardless of how same is amended, the property must continue to be registered in both spouses's names. This endorsement is brought by way of application in the form of an affidavit. The affidavit must provide for the following: 1) Kind of error 2) rectification applied for 3) all deeds and documents affected by the rectification 4) No other registered deeds 5) does not entail any transfer of rights.

Answer 250

Prepared by me __________ Conveyancer Chrsitopher Andrew Jukes 4654654 Application in terms of Section 4(1)(b) Of the Deeds Registries Act 47 of 1937 We, the undersigned Christopher Andrew Jukes Identity Number : 8601165138089 And Sameera Malekjee Identity Number : 8502170045089 Married in community of property Hereby declare under oath – 1) We are the registered owners of A unit consisting of a) Section 1 as shown and more fully described on sectional plan No SS132/2005 in the scheme known as titanic in respect of the land and building or buildings situated at the sea township, local authority : City of Tshwane Metropolitan Municipality, of which section the floor area according to the said sectional plan is 95 (ninety five) square metres in extent; and b) An undivided share in the common property in the scheme apportioned to the said section in accordance with the participation quota as endorsed on the said sectional plan Held by deed of transfer ST 1093/2009 2) The following errors appear in the aforesaid deed of transfer 1093/2009 a) The abovementioned property was incorrectly registered in the name of Christopher Andrew Jukes, married out of community of property b) The identity number of Christopher Andrew Jukes is incorrectly reflecting 8501165138089 instead of 860116 5138 089; and c) In the property description, the following errors appear, namely – i) The name of the section title is incorrectly described as SS Bismarck and stead of SS Titanic ii) The description of the township, namely Sea Township has erroneously been omitted; and iii) The extent of the property is incorrectly reflected as 100 (one hundred) square metres in stead of 95 (ninety five) square metres. 3) We do not know how the errors came about 4) There are no other deeds or document in the deeds registry at Pretoria in which the said errors are reflected. 5) We hereby apply to the Registrar of Deed at Pretoria, in terms of section 4 (1) (b) of the Deeds Registries Act 47 of 1937, for the amendment of Deed of transfer 1093/2009 to relect the following, namely: a. The correct identity number of Christopher Andrew Jukes being 860116 5138 089 b. Our correct matrimonial property regime, being married in community of property to each other; and c. The correct property description as described in paragraph 2(c) above 6) These amendments will not have the effect of transferring any rights. __________________ Christopher Andrew Jukes __________________ Sameera Malekjee Signed and sworn before me at Praetoria n the 6th of May 2009, the deponents have acknowledged that they fully under the contents of this affidavit. ________________ Commissioner of Oaths

Answer 251

1) only the registered owners may bring the application. 2) A conveyancer may bring the application in respect of the property description or condition in title deed 3) It must not effect real rights, both owners must still be owners after the endrosement 4) Must not be in contravention of any other law. 5) Any party appearing on the deed or other document to have an interest in the rectification must consent thereto in writing. 6) The error must be corrected in all deeds or documents were ther error appears.

Answer 252

False : Such an error may be amended in terms of Section 3(1)(v) of the Deeds Registries Act unless it pertains to: 1. The Property 2. The Causa 3. The Amount Exceptions to the above: * The noting of a part payment on cession * Substitution of properties.

Answer 253

1) Section 4(1)(b)application and affidavit 2) all title deeds on which correction msut be made 3) consent of all interested parties.

Answer 254

It would not be possible. The subdivision of Agricultural land Act 70 of 1970 provides that no undivided share in agricultural land not already held by any person, shall be transferred to any person. In other words X and Y may not receive transfer of the Preorpty if they are married out of community of Property. They cannot make application in terms of seciton 4(1)(b)

Answer 255

Where an application in terms of section 4(1)(b) of the deeds Registries act is lodged in the deed registry to amend an error of the name of any of the party in a registered antenuptial contract and the parties allege that origional contract is lost, the office copy of the antenuptial contract must be endorsed and a caveat to that fact should be noted against the names of the parties.

Answer 256

This is a registration endorsement wherein the state or a local authority will acquire transfer of a property. In terms of this endorsement, the state or the the local authoirty will receive all properties as provided in a deed of transfer. As such, this form of endorsement is not avaible wherein a deed of transfer holds more than 1 property and the state only wishes to acquire 1 property. Wherein there is more than one property in the deed of transfer, property must either be tranferred by deed of transfer or have a certificate of Registrered title issued in respect of the relevant property and that certificate of regsitered title may be endorsed .

Answer 257

1) Application in terms of section 16 2) Sworn affidavit by registered owner 3) Titel deed 4) All normal documents that would bne required - rates clearnce certificate 5) Mortgage bond 6) Mortgagee consent

Answer 258

1) Application in terms of Section 16 2) Title deeds 3) Certficiate in terms of Section 31(4)(a)

Answer 259

The registrar may change the status of the person or change the marriage to one of in community of property. This will take place under the 4 circumstanaces: 1) wherein the registered owner was unmarried at the time of transfer and subsequently got married. 2) Wherein the property is registered in the name of spouses married in community of property and the one spouse dies. 3) Where parties were married in community of property at the time of transfer, but the property is only registered in the husband's name 4) Wherein a party is described as unmarried in the deed of transfer, but in actual fact was already married at the time of registration of such deed, which marriage was governed by the Recognition of Customary marriages Act.

Answer 260

1) Application in terms of Section 17(4) 2) Proof of relevant facts 3) Title deeds 4) All mutually dependent deeds.

Answer 261

Prepared by me _____________ Conveyancer Christopher Andrew Jukes 456654 Application in terms of Section 17(4) of Deeds Registries Act 47 of 1937 I, the undersigned Kate Brown Identity number 4565465465 Married in community of property to Michael Jukes Do hereby make oath and state 1) I married Michael Jukes, identity number 4564654 on 5 December 2022 2) As proof of such marriage and that we are married in community of property I attach a copy of my marriage certificate and a marital status affidavit respectively. 3) My marriage to the said Michael Jukes still subsists 4) Erf 150 Northmead Township Registration Division JQ, Gauteng Province Is registered in my name by virtue of Deed of Transfer T4564654/2003 but the said property is an asset in the joint estate of me and my spouse Michael Jukes 5) The aforesaid property is not mortgaged and there are not mutually dependants deeds required endorsement. I hereby apply to the Registrar of deeds at Pretoria for the endorsement of the aforesaid Deed of Transfer T4564654/2003 to the effect that I am now a party to a marriage in community of property. Signed at Pretoria on 15 May 2016 _______________ Kate Brown

Answer 262

Wherein a partnership is dissolved and the land owned is acquired by all the partners (Done by endorsement)

Answer 263

This ia trasnfer from partnership (by all partners) to one of the partners. It is done by way of deed of transfer. As such, all partners must sign the power of attorney

Answer 264

This is a transfer from the partnership to the all the partners. This is a transfer endorsment. Requirements are as follows: 1) partnership must be disolved (by agreement, or death or any reasons) and 2) Application to the registrar is made in terms of Section 24bis(2) that such land vests in the individuals therein named. A reference to the value of the propert must appear in the application. Note : Wherein property is within a BC, and the property has a unit and exclsuive land, a separate application must be made for each peice of property.

Answer 265

1) Application in terms of Section 24bis(2) 2) Title deed 3) Proof of dissolution 4) No rate clearance certificate is necessary 5) Mortgage bond 6) Consent from mortgagee 7) If substitution is contemplated - application by the individual partners to be subsituted.

Answer 266

Prepared by me _________ Conveyancer Christopher Andrew Jukes 654564 Application in terms of Section 24bis(2) Of the Deeds Registries Act 47 of 1937 We, the undersigned 1) Nikki Jukes Identity number : 44549 Unmarried 2) Michael David Jukes Identity Number: 4564646 Married out of community of Property to Kate Brown 3) Sameera Malekjee In my capacity as the executor of the estate late of Christopher Andrew Jukes, Estate number 8851/202, Duly authorised by letter of executorship issed by the master of the High Court, Pretoria on 23 February 2023 Do hereby apply to the registrar of deeds at Pretoria for the endorsement of the hereinafter mentioned Deed of Transfer T7145/2006 in terms of Section 24bis(2) of the Deeds Registries Act 47 of 1937, namely: Erf 123 Northmead Township Registration Division JR, Gauteng Province Measuring 1200 (One Thousand Two Hundred) Square metres Registered in the name of Nikki Jukes, Michael Jukes and Christopher Jukes together carrying on business in partnership as Jukes and son Which partnership was dissolved upon the death of Christopher Andrew Jukes on 1 May 2023 to the effect that the property held thereunder be transferred to the individuals mentioned therein and that the undermentioned persons in their individual capacities shall be entitled to deal with their share as if they had acquired the land by formal transfer 1) Nikki Jukes Identity number : 44549 Unmarried 2) Michael David Jukes Identity Number: 4564646 Married out of community of Property to Kate Brown 3) estate late of Christopher Andrew Jukes, Estate number 8851/202, And we further declare that the value of the property so transferred is an amount of R2 000.00 (Two Thousand Rand) Signed at Pretoria this 8th day of February 2018 ___________________ N Jukes ___________________ M Jukes ___________________ S Malekjee

Answer 267

And the appearer declared that the aforesaid Vuzi Mekwe has, in terms of an agreement dated 5 May 2023 retired from the partnership and that in terms of the said agreement his share in the undermentioned property has been taken over by the remaning partners; And she in her capacity aforesaid did these presents cede and transfer to and on behalf of -

Answer 268

The property must be transfered by way of deed of transfer. All individual partners must pass transfer, this is done in terms of Section 24bis(1)

Answer 269

The property will need to be transferred by way of deed of transfer. All existing partners must sign the power of attorney. Section 24bis(3)

Answer 270

By endorsement upon deed by application by all partners in terms of section 24bis(2)

Answer 271

1) the estate late of A 2) B 3) C

Answer 272

Given that A is to receive the entire property, the property must be transferred by way of deed of transfer, the power of attorney must be signed by both partners - Section 24bis(1)

Answer 273

Section 25(1) allows for a person to provide for a child that is yet to be born, to be placed into a the vesting clauise of a deed of transer. A section 25(3) endrosement allows for the registrar to endorse the deed of transfer with the name of the child once born.

Answer 274

1) Application brought on behaklf of the minor 2) Proof of the facts (that the identity of the child has been determined) 3) Title Deed 4) Transfer duties receipt or excemption 5) No rates clearance is required.

Answer 275

Wherein rectification of a title deed is required due to a survey or correction of any error in the diagram, the registrar may, on written application by the owner, endorse the deed a description of the land according to the corrected diagram.

Answer 276

I would make application in terms of Section 44 and request an endrosement agasint the title deed for the substitution of the old diagram for the new diagram. I would lodge the following documents. 1) Application 2) Title Deed 3) Substitute diagram 4) Origional diagram 5) Mortage bond 6) Mortgagee consent 7) Title deed to anmy registered lease agreement 8) Consent of the lessee or holder of a right

Answer 277

Prepared by me ___________ Conveyancer Christopher Andrew Jukes 4564656 Application in terms of Section 44 Of the deeds Registries Act 47 of 1937 I, the undersigned Sameera Malekjee Identity Number : 4654654 Unmarried Do hereby apply in terms of section 44 of the Deeds Registries Act 47 of 1937 to the Registrar of Deed Pretoria, for the endorsement of the Deed of Transfer T6891/2003 in respect of Erf 12 Northmead Township Registration Division JQ, Province of Gauteng Measuring 1200 ( One Thousand Two Hundred ) Square metres To the effect that the abovementioned Erf was re-surveyed and it was found that its extent is 990 (Nine Hundred and Ninety) square Metres as will appear from diagram SG No 711/2017, which amendment I hereby apply to be endorsed in the said deed of transfer and which I Hereby apply to replace the existing diagram of the erf. Signed at Pretoria on 30 January 2022 ________ S Malekjee

Answer 278

This is a trasnfer endorsement but is only available to couples married in community of property. It is not obligatory, and deed of trasnfer is still available. 1) Section 45bis(1)(a) - on the divorce of spouses, wherein a bond or property is an assest in the joint estate, an enorsement can be made in terms of this section that the bond or proeprty is that spouses proeprty. - This is usually as per a settlement agreement or order of court. This is do e by application. No trasnfer duties are payable, but rates clearnce must be lodged. The applicaiton must **disclose the value of one half of the property** 2)

Answer 279

Wherein a property or bond form an assest in a joint estate, on divorce, if by order of court, redistribution agreement or settlement agreement, one spouse is awared a property or bond, the registrar may endorse the bond or property and same shall be regarded as the sole property or bond of that spouse. Documents to be lodged at the following: 1) Application 2) Title Deed 3) Certified copy of settlement agreement 4) Certified copy of Divorce order 5) Transfer duty excamption 6) Rates and clearance certificate. Where a bond is registered, the following addition documents must be ldoged: 1) Mortgage bond 2) Consent by mortgagor - Form MM or 3) Application by mortgagee and consent by mortgagee to release and substitute (Form T)

Answer 280

1) the bond must either be cancelled, or 2) The spouse who is no longer an owner must be released, or 3) the spouse who has forfeited his share must be relesed and substitued by the other spouse as the the sole debtor. Written consent in the prescribed form must be presented. (Form T).

Answer 281

Prepared by me __________ Conveyancer Christopher Andrew Jukes 23487290347 Application in terms of Section 45bis(1)(a) of The deed registries act 47 of 1937 I, the undersigned Micheal Jukes Identity Number : 45646 Unmarried Hereby declared that 1. Erf 1235 Northmead Township Registration Division JR, Province of Gauteng Measuring 1200 (One Thousand Two Hundred) Square metres Held by deed of transfer T132/2002 Is registered in my name and the name of my former spouse Kate Brown Identity number 56465465, to whom I was married in community of property. 2. The marriage between me and my said former spouse was dissolved by divorce in terms of a court order of the High Court of South Africa Gauteng Local Division, Johannesburg under case number 666/2023 on 1 March 2023 3. In terms of an agreement of settlement dated 2 February 2018 which was made part of the aforesaid court order the whole aforesaid property was allocated to me. 4. Whereas I am entitled to one-half share in the property by virtue of the marriage in community of property to my former spouse and to one-half share in terms of the aforesaid court order, now therefore I hereby apply for an endorsement to be made on the said deed of transfer to the effect that I am entitled to deal with the property as if I had acquired the share of my former spouse by means of a formal transfer. 5. I declare that the value of the one half share being transferred is R750 000.00 (Seven Hundred and Fifty Thousand Rand) Signed at Johannesburg on 8 May 2018 __________________ M JUKES

Answer 282

1) The title deed must be endorsed in terms of section 45bis(1)(a) to enable Anne Smith to deal with the property. 2) Anna Smith 3) Documents to be lodged a. Application b. Title Deed c. Certified copy of the Court order d. Certified copy of the settlement agreement e. Rates and clearance certificate f. Transfer duty exemption certificate 4) The estate of John Smith must be released from the operation of the bond and Anne Smith must be substituted as the sole debtor thereunder.

Answer 283

Section 45bis(1)(1) allows a spouse who is married in community of property , by way of court to order, to acquire the whole of a property that formed an assest in a joint estate as their own. unlike Section 45bis(1)(b), parties remain married and transfer duties is payable on a half share of the property. In the application, the value for the half share must be disclosed. Similar to a section 45bis(1)(a) endorsement, a bond is treated the same and the endorsement stamp is the same. Documents that must be lodged are the following: 1) Application 2) Title Deed 3) Certified copy of court order 4) Transfer duty receipt or exemption certificate 5) Rates and clearnce certificate.

Answer 284

Prepared by me __________________ Conveyancer Christopher Andrew Jukes 456446 Application in terms of Section 45bis(1)(b) of The Deeds Registries Act 47 of 1937 I, the undersigned Michael Jukes Identity Number : 5465465 Married out of community of property Do hereby apply in terms of section 45bis(1)(b) of the deeds registries Act 47 of 1937 to the Registrar of Deeds at Pretoria , for the endorsement of the Deed of transfer T383/2012 in respect of Erf 12 Northmead Township Registration Division JR, Province of Gauteng Measuring 100 (One Hundred) Square metres Whereas I am entitled to one-half share of the abovementioned property in terms of my marriage in community of property with my wife Kate Brown, and whereas I acquired one-half share of the said property in terms of an order of the High Court of South Africa Gauteng Division, Pretoria on 15 November 2017 under section 21 of the Matrimonial property Act 88 of 1984 in terms whereof our matrimonial property system was changed from in to out of community of property, now therefore I hereby apply for an endorsement to be made on the said deed of transfer to the effect that I am entitled to deal with the said property as if I had acquired the share of my spouse by means of a formal transfer. I declare that the value of the ½ (one half) share being transferred herewith is R800 000.00 (Eight hundred Thousand) Signed at Pretoria on 24 January 2018 _______________ M JUKES

Answer 285

Where property accures and forms part of a joint estate, and an order is made that such property is awarded to both spouses, the registrar may on application by both spouses endorse the property that both spouses are entitled to deal with such property as if they had taken formal transfer of such property. No transfer duties or rate clearnce certificate is required and the application must disclose the value of the property. Wherein agricultural land is involved, the consent of the minister fo Agriculture is requried. Wherein a bond is involved, 1) the bond must be cancelled, or 2) the property must be released from the bond or 3)both spouses must be jointly liable under the bond. Documents to be lodged: 1)Application 2)Title deed 3)Certified copy of Court order 4)Certified copy of settlement agreement 5) Consent from the minister of Agriculture - if necessary If there is a bond 6) Bond 7) Consent by mortgagee to release or cancel or consent from mortgagors (Both spouses) to be jointly liable

Answer 286

1) Firstly a section 45bis(1A) application by A and B assisted by D, so that each of them will be entitled to deal with one half share independently. 2) Secondly an application in terms of section 45bis(1)(a) by A in terms of which he is entitled to deal with the share of his former spouse C on grounds of the court order. 3) In respect of section 45bis(1A) - no transfer duty is payable. In respect of the Section 45bis(1)(a) - No transfer duty is payable, however a transfer duty exemption certificate must be lodged in the deeds registry - section 9(1)(i) of the Trasnfer Duty Act. 4) 1 Albert Gouws Identity number 465465465 unmarried and 2 Betty van der Klashorst Identity number : 46465654 married to Dieter Van der Klashorst Which married is governed by the law of the Netherlands and herein duly assisted by him.

Answer 287

An application in terms of Section 4(1)(b) of the Deeds Registries Act, for the rectification of the title deed must first be made to reflect the registered owner's marital status as in community of proeprty to his spouse. Thereafter an application in terms of Section 45bis (1A)(b) must be lodged, to be signed by both registered owners, married in community of property and in terms whereof the proeprty is allocated to each in equal on half shares.

Answer 288

1) Composition in terms of Section 119 2) On rehabilitation in terms of section 127 3) On rehabilitation in terms of section 127A (Automatic rehabilitation after 10 years)

Answer 289

The application can be made by the insolvent or the trustee of the insolvent estae. The insolvent may not deal with or mortgage the property unless a Section 58(2) endorsement has been given. The Application must disclose the value of the property and the following documents must be lodged: 1) Application in terms of Section 58(2) 2) Certified copy of the offer of composition 3) Certificate by the master 4) Title deeds Note : No bond or consent from mortgagee is required nor rate clearance certificate

Answer 290

Prepared by me _____________ Conveyancer Christopher Jukes 4564654 Application in terms of Section 58(2) Of the Deeds Registries Act 47 of 1937 I, the undersigned Michael Jukes In my capacity as trustee in the insolvent estate of Sameera Malekjee Identity number : 4564654 Married out of community of Property Duly appointed thereto by virtue of a letter of appointment 777/2017 issued by the master of the High Court, Pretoria on 18 April 2017 Do hereby apply in terms of section 58(2) of the Deeds Registries Act 47 of 1937 to the Registrar of Deeds at Pretoria, for the endorsement of the Deed of Transfer T9135/2005 in respect of Erf 123 Northmead Registration Division JQ, Province of Gauteng Measuring 1000 (One Thousand) Square metres Whereas the creditors have returned the above mentioned property to Sameera Malekjee, free of the insolvent estate, and whereas the ,master of the High Court has consented thereto, now therefore I hereby apply for endorsement of the said title deed to the effect that the said property be been restored to the said Sameera Malekjee and that he may now freely deal therewith. I further declare that the value of the property hereby transferred is R60 000.00 (Sixty Thousand Rand) Signed at Pretoria on 8 January 2023 ________________ S MALEKJEE

Answer 291

Wherein property vests in the trustee, that proeprty may not be re-vested into the insolvent whether before or after rehabilitation until the court make an order that the insolvent is entitled to a particular property and it is tranferred by deed of transfer in terms of Section 58(1).

Answer 292

Wherein property vests in the trustee, that proeprty may not be re-vested into the insolvent whether before or after rehabilitation until the court make an order that the insolvent is entitled to a particular property and it is tranferred by deed of transfer in terms of Section 58(1).

Answer 293

This is an endorsement in respect of noting the lapsing of a personal servitude. Wherein this takes place, an application together with proof that the lapsing has taken place must be lodged. Proof will change depending on the servitude, but can be a death certificate or the building of a road etc. The provision of section 68(1) also apply to fideicommissum, right of pre-emption or reversionary right. Documents that must be lodged are the following: 1) Application in terms of Section 68(1) 2) Title deed in land 3) Title deed of the servitude 4) Proof that it has lasped 5) Transfer duty receipt or exemption certificate. Similar to wiver /renunciation of personal servitude, section 68(1) will find application.

Answer 294

Prepared by me _____________ Conveyancer Christopher Jukes 4564654 Application in terms of Section 68(1) Of the Deeds Registries Act 47 of 1937 I, the undersigned Sameera Malekjee Identity number : 4564654 Married out of community of Property Do hereby apply in terms of section 68(1) of the Deeds Registries Act 47 of 1937 to the registrar of deeds at Pretoria, for the endorsement of the Deed of Transfer T133/2008 in respect of Erf 123 Northmead Registration Division JQ, Province of Gauteng Measuring 1000 (One Thousand) Square metres As registered owner of the abovementioned property and in respect of the death of the usufructuary, Marlize Prinsloo, on 30 June 2017 I hereby apply for an endorsement on the abovementioned deed of transfer to the effect that the personal servitude of the usufruct, held under abovementioned deed of transfer, has lapsed. Signed at Pretoria on 8 January 2023 ________________ S MALEKJEE

Answer 295

False, a personal servitude that parties agree to cancel cannot be noted in terms of Section 68(1). The lasping can only be effeceted by noterial deed.

Answer 296

1) Application in terms of Section 68(1) 2) Title deed 3) title deed for servitue if it is held under a different title 4) Proof that the servitute has lasped 5) Trasnfer duty receipt or transfer duty exemption

Answer 297

An application in terms of Section 68(1) of the Deeds Registries Act 47 of 1937 will need to be submitted by the registered owner of the land with proof that the servitude should be noted as lasped as a result of the road being completed. In addition, the relevant local authority will need to supply a suitable consent in terms of which mention has been made that the road has been completed and that the temporary srvitude has lasped.

Answer 298

As the reversionary right is only imposed on the transferee the holder of the reversionary right will have to waive his right in which event section 68(1) will find application. If it has to be perpetuated, it must be re-imposed in terms of the last provisio to section 65 of the Deeds Registries Act

Answer 299

As the right also binds the successors in title, the provisions of section 68(1) of the deeds Registries Act must be complied with. The Registered owner must bring an application for the noting of the lapsing of the reversionary right condition prior to (or simultaneously with) the transfer of the property to transferee. Consent by XYZ (Pty) Ltd must be lodged with such application to indicate that the dwelling has been erected.

Answer 300

As this reversionary right does not bind successors in title, it is a mere personal right, which personal right is susceptible to prescription after three years. In casu the reversionary right has prescribed as three years have lapsed as from date of noncompliance therewith.

Answer 301

1) If the land in the bond is simply made subject to the reversionary right, the bond will be subject to such reversionary right and such reversionary right will not lapse upon a forced sale. This is therefore not an option open to the bank. 2) If the holder of the reversionary right consents to the registration of the mortgage bond, the bond must still be made subject to such right and this cannot be recommended to the bank 3) The holder of the reversionary right passes the bond together with the owner of the land in terms of section 53(2). The right of the reversion will lapse in the case of a forced sale. 4) If the holder of the reversionary right waivers preference in favour of the bond, such right will also lapse upon forced sale and a section 68(1) application will be required.

Answer 302

The condition cannot be left out of the transfer. The condition must be dealt with in terms of section 68(1). The holder must waiver or exercise the right. The Registrar will require an application by the owner or authorised agent for the noting of the lapse together with proof of lapsing.

Answer 303

Jack Black can sign a waiver in respect of the condition and same be submitted to the registrar together with an application in terms of section 68(1). Documents to be 1 are the following: 1) Application in terms of Section 68(1) 2) Title deed 3) Proof the lapsing – the waiver as signed by Jack Black 4) Transfer duty receipt or exemption certificate

Answer 304

This is an endorsement to note the termiantion of a registered lease. The following documents must be lodged: 1) Application in terms of Section 78(1) 2) Title deed of the land 3) Deed of lease 4) Proof that the lease has been terminated.

Answer 305

This pertains to the cancellation of a registered right wherein the holder is required to make periodical payments and fails to make such payments. Notice must be given to the lessee or grantee by way of registered post and that if no objection is given within one month (wherein the address is within the republic) or 3 months (wherein the address is out side the Republic), application will be made to the registrar to cancel the registered right. If no address is provided for in the document, the notice must be placed in the gazette and twice in the a newspaper published in the division or district which the land in question is situated and in a newspaper wherein the lessee or grantee's last known address is sitauted. If the rights are mortgaged, notice in writing shall be sent to the mortgagee by way of registered post. Documents to be lodged are the following: 1)Application together with affidavit 2)Proof of notice by way of registered post. 3)Proof fo notice to mortgagee 4)Registered lease agreement 5)Title deed of the land

Answer 306

Wherein a person or entity has cahgned its name, an application can be made in terms of Section 93(1) in order to change the name on a title deed and all associated documents with the new name. The Application must hold the old and new name of the entity or person, and reference to all documents and deeds must be mentioned in the application. Usually the application is made in the form of an affidavit wherein the the applicant declares that the change is not a change in person and no further deeds or documents need amending. Wherein the the change pertains to a company or CC, no consent is needed from interested parties, other than that, wherein a bond is involved, the bond holder must consent. The Following documents must be ldoged: 1) Application and affidavit 2) Title Deed 3) Proof of change of name 4) All other title deeds 5) Mortgage bond - (not needed if your a company) 6) Mortgagee's consent - (not needed if your a company)

Answer 307

No application is required to be lodged if the company has changed its name before the coming into operation of the 2008 Companies Act on 1 May 2011. I would lodge the following documents in a lodgement cover : 1) All title deed(s) registered in the deeds registry whereon the change of name must be endorsed 2) Application in terms of Section 93 3) Mortgage bond(s) registered against the title deed(s); 4) Proof of the name change (certified copy of certificate of name change)

Answer 308

As the Companies Act of 2008 which came into operation on 1 May 2011 does not make provision for the Registrar of Deeds to endorse a name change, formal application must now also be lodged, The following documents must be lodged: 1) Applicant in terms of section 93(1) of the Deeds Registries Act 2) Title deed(s) of the land to be endorsed 3) Proof of change of name (amended registration certificate).

Answer 309

If the name change took place **before 1 May 2011**, although the consent of the mortgagee was not necessary, the bond documents had to be lodged for endorsement. If the name change took place **after 1 May 2011**, no consent by any person that may be affected by the name change needs to be lodged. It is also not necessary to lodge the bond.

Answer 310

1) the Registered owner - Can also depose to affidavit 2) The authorised agent - But can only depose to the affidavit in so far as he/she has personal knowledge. 3) the legally appointed representative of a registered owner - (executor) - They can also depose to the necessary affidavit. 4) Wherein the the title deed has been attached, the sheriff can bring the application and depose to the affidavit. 5) Where a company has one director, and that director dies, the executor of the deceased estate may make application. 6) Spouses married in community of property, either spouse may make such application.

Answer 311

1)Description of deed 2)Confirmation that the deed has not been pledged and is not being detained as securty. 3)statement that he deed has actually been lost or destroyed 4)That the deed cannot be found after a diligent search 5)Circumstances under which deed ws lost or destroyed. 6)application to issue a certified copy

Answer 312

1) notification of intention to apply for a certified copy must be in an issue of a newspaper. 2) The deed shall be open for inspection by any interested party for a period of 2 weeks from date of publication of the notice.

Answer 313

Yes, in addition, the mortgagee must confirm that they dont have the deed in their possession. This must be do even if the mortgage bond is cancelled at the same time. This also applies to instances wherein the bond or other real right has been ceded

Answer 314

Regulation 68(8) provides that if any deed referred to in the regulation 68(1) has become unserviceable, 1) The owner, or 2) Legal holder thereof, or 3) Their duly authorised agent. May apply to the registrar of deeds to issue a certified copy thereof to serve in the place of the original. The original deed must be lodged with such application. Neither an affidavit, as in the case of regulations 68(1) nor a regulation 68(2) statement is required. Advertisement is also not required. No consents from interested partied are required. If such an unserviceable deed id lodged for any purpose without an application for a certified copy, the registrar has the power, if in his opinion the same is not serviceable for the purposes intended, to require a certified copy to be taken out.

Answer 315

Wherein a registered owner or his agent wish to cancel a bond that has been misplaced and which the deeds office has lost their copy must in the prescribed form (Form III) publish a notice in an issue of the local newspaper wherein he property is situated. The notice must call upon interested persons to object within 2 weeks of publication. Thereafter and within six weeks a consent to cancel must be lodged with the registrar of deeds. The consent must contain an affidavit that provides for the following details: 1) That the client’s copy of the bond has been lost or destroyed 2) That the bond has not be pledged or is being detained as security. 3) That a diligent search took place and that same cannot be found. 4) Circumstance under which the bond was lost 5) Deeds office duplicate of the said bond has also been destroyed. 6) That the notice of intention to cancel has been duly published 7) That no objections were received. 8) Applying for the cancellation of the said bond.

Answer 316

A bond is regarded as movable property and therefor if the bond is destroyed the exception as provided for in terms of Regulation 51(2) cannot be used. Application in terms fo Regulations 68(1) and (14) will need to be made.

Answer 317

Same is null and void

Answer 318

The register of the deeds office wherein the original power of attorney was filed will endorse the copy and indicate on the original that a copy was sent to another deeds office. Wherein the power of attorney is cancelled, the registrar will note this on the original and send written notice informing the registrar of the other deeds office wherein the copy was sent of the cancellation.

Answer 319

The registered holder of a lost or destroyed mortgage bond who desires to procure cancellation of such bond, must at his own expense publish, in the prescribed form, note of intention to apply for the cancellation of the registration of such bond in an issue of a newspaper circulating in the area in which the mortgaged land is situated. Such notice must call upon any person who has an interest in such bond or any person who alleges and can to be in possession of the original thereof to furnish the registrar at the deeds registry in which the bond is registered with an objection, if any, to the cancellation within two weeks from the date of publication of the notice in the newspaper. Where after the expiry of the two week period the registered holder of the bond has lodged with the registrar within a further period of six weeks a consent to cancellation of the relevant bond and has complied with regulation 68(1)(2) and (3) the registrar shall, if satisfied that no good reason to the contrary exists, endorse such consent to indicate the cancellation of the bond and the endorsed consent shall be deemed to be a cancellation of the bond.

Answer 320

Prepared by me ____________ Conveyancer Christopher Andrew Jukes 45654654 Application and Affidavit in of Regulation 68(11C) of the Deeds Registries Act 47 of 1937 I, the undersigned Allen Donald Duly authorised hereto by a resolution of Happy Bank Ltd, Registration number 1986/000002/06 Do hereby declare under oath that 1. The said Bank is the legal holder of the mortgage bond B132/2012 passed in its favour by Jill Jukes Identity Number : 4564654 Unmarried And registered on 12 March 2012 over the property held by deed of transfer T321/2012 2. The said bond has not been pledged and is not being detained by anyone as security for any debt or otherwise. 3. The said bond was actually lost or destroyed and cannot be found though diligent search has been made therefor. 4. I am not are of the circumstance under which it was lost or destroyed 5. The deeds office copy of the said bond is also lost or destroyed under circumstance unknown 6. The notice of intention to cancel the said bond has been duly published in an issue of the Citizen, the circulates in the area in which the mortgage land is situated, as required. 7. I attach proof hereto as Annexure “A”. 8. The period of 2(Two) weeks from date of publication of the notice in the newspaper has lapsed and to the best of my knowledge and belief, no objection to the cancellation of the registration of the said mortgage bond has been lodged with the Registrar of Deeds. I hereby apply to the Registrar of Deeds at Pretoria and consent, in terms of Regulation 68(11C) of the Deeds Registries Act, 47 of 1937, for the cancellation of the said bond. _________ Allen Donald Happy Bank Ltd I certify that the deponent has acknowledged that he knows and understand the contents of this affidavit which was signed and sworn to before me at Pretoria on 24 March 2022 ______________ Commissioner of Oaths

Answer 321

At a registrar's conference it was decided that it is only necessary for one of the spouses, married in community of property to apply for the issue of a certified copy of a lost deed. The Registrar, however has a discreation to insist on the consent of the other spouse in terms of regulation 68(2)

Answer 322

1) a request for deposit - This is the first acount and is paid by the purchaser in order to enable the attorenys to proceed with the transfer. 2) Pro-forma account on prep - This is the Second acount and is also paid by the purchaser which is prepared the day before execution (registration of property).

Answer 323

True - both seller and purcahser receive a final account

Answer 324

1) Transfer attorneys - Deed of transfer 2) Cancellation attorneys - attending to the cancellation of the existing bond. 3) Bond registration attorneys - Attorneys that register the new bond.

Answer 325

Items for the seller: 1) Purchase price (Credit) 2) Estate commission - Debit 3) Cancellation Attorneys fee - Debit 4) Municipal rates - Debit 5) Body Corporate levies - Debit Items for the purchaser 1) Transfer duties 2) deeds office fees 3) Transfer attorneys fees 4) Transfer duties 5) costs for certificate for transfer duties 6) costs for requesting levy clearnce 7) Postage and petties 8) Fica-fees 9) Deeds office search fees 10) Document generation fee (The costs of the deed search from search works) 11) Occupation rental - calcuated up to the day before registration. 12) Pro-rata rates and taxers - payable by the purchsaer for the reaminder of the month wqherein registration took place. 13) Pro-rata Levies towards the BC or HOA - payable by the purchsaer for the reaminder of the month wqherein registration took place.

Answer 326

If it is a negative or debit, it means that the have a shortfall.

Answer 327

1) Whether there are any interdicts registered agasint the property 2) whether there are any bonds registered agasint the property 3) whether there are any real rights registered agasint the property that could find preference 4) Ascertain the extent of servitudes registered over the property 5) Ascertain whether there are any statutory restrictions in respect of the property.

Answer 328

1) The particualrs of the guarantees 2) A copy of the draft deed of transfer 3) The particualrs of simultaneous transfer 4) A conveyancer certificate in terms of section 20 of the Alienation of Land Act 5) A written undertaking from the transfering attorneys that no further conditions will be inserted in the deed of transfer other than those already provided for in terms of the draft deed of transfer and that no further bonds will be registered with the consent of the bond registration attorneys.

Answer 329

_Steps_ 1) attend to a deed search to see if there are any existing bonds and interdicts. 2) Check conditions in the title deed and whether there are any restrictive _Documents_ 3) Obtain a copy of the company's certificate of incorporation. 4) Obtain a resolution of directors authorising the loan 5) Obtain a copy of the memorandum and articles of Association in order to ensure that the company and directors have the capacity to enter into such an agreement 6) Obtain confirmation that the company is still registered, no resolution has been taken to change the memorandum of incorporation and that the company is solvent.

Answer 330

do case study.

Answer 331

1) Preparation certificate 2) Heading 3) Preamble 4) Acknowledgment clause 5) Cause of debt 6) Miscellaneous clauses a. Continuing covering security b. Renunciation of exceptions c. Interest and repayment d. Additional amount e. Non-prejudice clause 7) Ranking clause 8) Property clause 9) Dealing with title conditions 10) Renunciation clause 11) Execution clause

Answer 332

1) AND the appearer acknowledged that the mortgagor is lawfully and truly indebted to and on behalf of (Existing debt) 2) AND the appearer acknowledged that the mortgagor is lawfully and truly indebted and held and firmly bound to and on behlf of. (Existing and Future debt) 3) AND the appearer acknowledged that the mortgagor is lawfully and truly held and firmly bound to and on behalf of (Future debt)

Answer 333

Possible causes can be the following: 1) "for money lent and advanced" 2) "for money lent and to be advanced from time to time at the discreation of the mortgagee" 3) "for the purchase price of property" 4) "for the balance of the purchase price of property" 5) "for goods sold and delivered" 6) "for services rendered or to be rendered" In the amount of R800 000.00 (eight hundred thousand) being the capital sum of the loan for money lent and advanced.

Answer 334

Yes, The various amounts arising from the various causes of debt must be shown separetely.

Answer 335

Yes, it can be so registered, provided that the amount was lent for the same cause of debt. The amount lent by the respective mortgagees must be set out in the bond.

Answer 336

No - Section 50(5) prohibits it.

Answer 337

No, a covering bond can only be used for future debt and both existing and fure debt at the same time, but not existing only.

Answer 338

1) It must be in respect of a future debt or obligation 2) It must be for a fixed amount, beyond which the debt shall not be secured by the bond.

Answer 339

A continuing covering security clause, same can read as follows: "This bond also serves as continuing covering security for monies hereafter to be advanced or re-advacned from time to time up to the capital amount of R100 000.00" In addiiton, just below the amount being advanced, the following wording usually appears : "which is subject to the provisions of the continuing covering security clause set out below"

Answer 340

False, in terms of section 51(2), the cost clause (additional amount), is not a future debt. Take note, in additon, a "Building loan bond" is also not a future debt.

Answer 341

That the bond can be taken in favour of the seller and the provisions of Section 88 of the insolvency Act do not aply to a Krustingsbrief.

Answer 342

A bond must be lodged with the registrar wihin 2 months of debt, else, if not and the mortgagor is sequestrated, then the mortgagee will not be entitled to a prefence claim. If lodged with the registrar, and six months lapse, then the mortgage bond will enjoy a preference on sequestration..

Answer 343

No, the bank will not have preferential claim. Any mortgage bond except a “Kustingsbrief”, intended to secure a debt which has been incurred more than two months before lodgement of the bond at the deeds registry does not give the mortgagee a preferential claim if the estate of the mortgagor is sequestrated within six months after the date of lodgement. Provided that a bond is not deemed to have been lodged if it is withdrawn from registration.

Answer 344

1) Exceptio non numeratae pecunia - Although the debtor signed an acknowledgment of debt, the amount thereof was not paid over to the debtor. 2) Exceptio non causa debiti - This is an exception wherein there is no cause or reason for the debt 3) Exceptio errore in calculi - This is an excpetion wherein the debtor avers that the creditor calculated the amount incorrectly.

Answer 345

The waiver of the legal exceptions will not be binding on the debtor and will be regarded as an unlawful provision

Answer 346

1) No, provided the consumer is dependent on the credit provider. 2) No.

Answer 347

De duobus vel pluribus reis debendi

Answer 348

Beneficium ordinis seu excussionis

Answer 349

Beneficium divisionis

Answer 350

**Beneficium ordinis seu excussionis** This exception is open to a surety by which the surety can compel the creditor to proceed agasint the principal debtor first and obtain all he can from such debtor's estate before proceeding agasint the surety. Upon renunciation, the creditor is permitted to proceed against the surety before acting against the principal debtor. **Beneficium divisionis** This exception provides that the liability under a suretyship must be apportioned amongst the sureties, and each cannot be sued for more than his pro rate share of the debt.Upon renunciation thereof the creditor claim the whole amount of the debt from any one of the sureties alone, without reference to the others

Answer 351

1) **Non numeratea pecuniae** – The debtor cannot dispute that the amount was not paid over 2) **Non causa debiti** – The cause of action or reason for debit does not exists, onus is on the debtor to show why there is no cause or reason for the debt. 3) **Errori calculi **– This places the onus on the debtor to prove an error in calculation. 4) **De duobus vel pluribus reis debendi** – where there is more than one debtor, each debtor can be held separately for the entire debt. 5) **Beneficium ordinis seu excussionis** – The defence that you must first sue the principal debtor before the surety. This defence allows a creditor to proceed directly against the surety. 6) **Beneficium divisionis** – The renouncing of this defence allows a creditor to sue one surety for the entire debt,

Answer 352

False, the bond will have to be cancelled and a new bond registered.

Answer 353

A non-prejudice clause are usually inserted into the first mortgage bond. If the mortgagor obtains a second bond from a second creditor, that bond will be second inline insofar as preference is concerned. This would apply wherein a non-prejudice clause is inserted into a second bond in relation to a third mortgage bond registered.

Answer 354

A non-prejudice clause are usually inserted into the first mortgage bond. If the mortgagor obtains a second bond from a second creditor, that bond will be second inline insofar as preference is concerned. This would apply wherein a non-prejudice clause is inserted into a second bond in relation to a third mortgage bond registered.

Answer 355

"As a mortgage ranking pari passu with bond B888/2022" The refernece to B888/2022 is the first bond.

Answer 356

“As a mortgage subject to contract B300/2001AL recorded on 30 June 2001”

Answer 357

There are 2 types of title conditions that you deal with in a mortgage bond: 1) General title conditions 2) Restrictive title conditions

Answer 358

General title conditions are conditions that appear from the title deed such as praedial servitudes, usufructs etc. You do not quote them but instead state the follows: “subject to the condition of title”

Answer 359

Restrictive title conditions are restriction to the mortgage land such as a personal servitude of usufruct or reversionary right or fideicommissary right. An example would be the follows: “SUBEJCT to such conditions as set out in the aforesaid deed and more specially subject to a right of pre-emption in favour of Juan Silvester, identity number 850213 5698 085, unmarried:

Answer 360

There are various options. The holder can waiver the preference in favour of the mortgagee by notarial deed or renunciation directly in bond. Wherein it is done in the bond, the personal servitude must be fully stated. Same can be cited in the bond as follows: And more especially subject to a usufruct in favour of Mary Pence, identity number 570314 0004 083, unmarried, preference in respect of which is waived as set out below. Another option is that the holder of the personal servitude can agree to also be liable towards the mortgagee. The holder of the servitude can stand as surety. Lastly, the personal servitude can be cancelled if the holder of such personal servitude consents thereto.

Answer 361

As a general rule, these rights are general not quoted in the bond. The right must be a proper personal right and not one in respect which binds successors in title. Wherein it does bind successors in title, the holder of the reversionary right would need to waive preference in favour of the mortgagee. If this is the case, it must be set out in full in the bond.

Answer 362

1) Personal servitude 2) Reversionary right 3) Fideicommissum 4) Lease Agreement 5) Restriction to mortgage 6) Portion expropriated and restriction against separate alienation

Answer 363

The bank can request the following: 1) That the if the fiduciary and fideicommissaries has been asscerted, they can bind themself for performence in terms of the Bond as co-debtors, or 2) Where the fideicommissaries have been ascertained, they can waiver their preference claim in terms of the bond.

Answer 364

The bond holder can create a preference claim but this will require the waiver of the preference by the leasee which can be done in the bond or a notarial deed.

Answer 365

It is possible to register such a bond, but same would need to be made subject to the expropriation

Answer 366

A renunciation clause is only used wherein a preference right exists that would exceed that of the bond holder. The renunciation clause does not destroy the preference in total, but only in relation to that of the bond holder. The renunciation can take place in 2 forms: 1) In the bond itself, or 2) Notarial deed Wherein same is done is a bond, the following clause can be inserted: “Subject to such conditions as set out in the aforesaid deed and more specially subject to a usufruct in favour of Christopher Jukes, Identity number 4546, unmarried, preference in respect of which is waived as hereafter set out. In practice the preference is waived by virtue of a power of attorney

Answer 367

There are 5 possible ways of dealing with this situation. In the first two cases below the mortgage bond can be registered subject to the personal servitude, but then the usufructuary must waive his preference in favour of the mortgagee. This waiver can be effected in one of two ways, namely: First, in terms of a notarial deed which is registered simultaneously with the mortgage bond. Secondly, by inserting a waiver clause in the bond in which the servitude holder waivers his preference in favour of the mortgagee. Thirdly, the owner of the bare property and holder of the usufruct can jointly mortgage the land to the full extent of their respective rights over the land. They then become joint mortgagors. Fourthly, the owner of the land may pass a principal bond over the property and the holder of the personal servitude as surety in the bond. Fifthly, the personal servitude may always be cancelled, if the holder of such personal servitude consents thereto.

Answer 368

A collateral bond is a bond passed in favour of the same mortgagor as per the principal bond, for the same mortgagee, in respect of the same obligation, over a different property and for additional security for the same amount as per the principal bond..

Answer 369

A surety bond is a bond that is passed over a third party's property on behalf of the principal debtor in respect of and in favour of the creditor of the principal debt. A surety bond can be registered in respect of a existing debt which is secured and/or unsecured. There are 2 forms for a surety bond - Form LL - for full title and Form AK for Sectional title properties

Answer 370

1) De duobus vel pluribus reis debendi – the surety is joint and severally liable with the principal debtor. 2) Beneficium ordinis seu excussionis – The creditor can proceed against the surety without having to first proceed against the principal debtor. 3) Beneficium divisionis – The creditor can hold any of the creditors liable for the full debt.

Answer 371

A substituted bond is passed by the same mortgagee and mortgagor of the existing bond, in respect of the same obligation as the existing bond in respect of either the same property or new property. The clause in the substituted bond must read as follows: “in the sum of R500 000.00 (five hundred thousand rand) being the capital sum arising from and being the amount of a hitherto existing bond B765/2003 passed by the mortgagor in favour of the said mortgagee for money lent and advanced, which said bond is cancelled simultaneously with the registration hereof.

Answer 372

A participation bond id a mortgage bond over **immovable property**, and is **described as a participation bond** and is registered as such in the name of a **nominee company** and is included in a collective investment scheme; and is a **first mortgage bond or ranks equally (pari passu) with another first participation bond**.

Answer 373

A Collateral Bond is addition security that is given to a creditor. It is a bond registered by the same mortgagor, in favour of the same mortgagee, in respect of the same debt as per the original bond, in respect of a different bond. A Indemnity bond is wherein a debtor has a third party register a bond over their property in favour of the mortgagee, that third party later has an indemnity bond registered in his favour over a property owned by the debtor (original mortgagee) for his performance in terms of the original bond. Surety bond is a bond registered over a third party’s property in favour of a mortgagee of another property. The third party and mortgagor under the original bond then both have their properties bonded in favour of the mortgagee. A participation bond is a bond as provided for in terms of the collective investment schemes act. In terms of this bond a bond is registered over immovable property, clearly described as a participation bond, registered in favour of a nominee company and ranks as first mortgage bond or pari passu with another first participation bond registered by the same mortgagor.

Answer 374

A collateral bond is taken as additional security in respect of an existing bond. Whereas a surety is a further bond is registered over a third party’s property. Should the principal debtor default in terms of the original agreement, the surety will, wherein legal defence have been waived, be liable with the Principal debtor.

Answer 375

In terms of Surety bond, the mortgagee can request that a further person be liable for the debts and obligations of the mortgagor. This can take the form of a further bond being registered over property belonging to a third party. As such, the surety will have their property stand as addition security for the principal debt. In terms of an indemnity bond, this happens when A borrow money from B, and B has a third party (C), have a bond registered over property belonging to C. Wherein B acquires a property, C can have B conclude a surety bond over his property in favour of B for in the event that B defaults on his obligations towards A.

Answer 376

Yes, there are 2 possible ways to achieve this. A collateral bond can be registered over a further party that the principal debtor (mortgagor) owns. This further property will then act as further security for the principal debt. A further way to have a further property act as security is to cause a surety bond to be registered. In terms of this approach a third party will have a bond registered over their property which will act as further security for the obligations of the mortgagee. In essence, the surety will become a co-debtor.

Answer 377

Yes, it can be done. The causa in the new bond must state that the new bond is registered in place of the former bond (Quote bond number) which is being cancelled.

Answer 378

A collateral bond must be registered over erf 300 Cape Town. In terms of Collateral bond: 1) The same mortgagor 2) The same mortgagee 3) The same debt and obligations 4) There is an addition property that belongs to the mortgagor. The principal or first bond must be registered first then or simultaneously with the collateral bond.

Answer 379

The following terms may not be varied as per the Act (Section 3(1)(s)): 1) The Cause of debt 2) The mortgaged security – the property over which the bond has been registered 3) The amount of the debt secured by the bond. If any of the above terms of to be changed, the bond must be cancelled and a new bond must be registered. The following cannot be amended as per registrars’ conference resolution: 1) Cost clause cannot be amended, and 2) Continuing covering security clause in a bond cannot be deleted.

Answer 380

1) The property may be substituted wherein for example A owns erf 10 which is bonded and acquires erf 11. Should A proceed to consolidate erven 10 and 11, it is possible in terms of section 40(5)(a) to substitute the property in a bond. 2) The amount cannot be increased, however, in the event of a cession, the amount can be reduced. In this instance a) the amount of the ordinary bond can be reduced by the noting of a part payment with form MM and b) the cover provided by a covering bond can also be reduced by the noting of a reduction of cover – form MM to be used

Answer 381

1) An out-and-out cession. In terms of this cession the mortgagee completely transfers their rights to another person. The new person becomes the mortgagee and the old mortgagee ceases to have any rights or interests in the bond. This is usually done for value received. 2) The further option is wherein the bond is ceded as security. In terms of this option the original mortgagee remains the mortgagee. In addition, the cession is capable of being cancelled.

Answer 382

There are 2 possible instances wherein the consent of the mortgagor will not be needed. 1) Wherein the whole bond is ceded. 2) Wherein the agreement allows the mortgagee to ceded the bond without the mortgagor’s consent.

Answer 383

There are 2 possible instances wherein the consent of the mortgagor will not be needed. 1) Wherein the whole bond is ceded. 2) Wherein the agreement allows the mortgagee to ceded the bond without the mortgagor’s consent.

Answer 384

There are 2 instances wherein the mortgagor’s consent will be required: 1) Wherein a portion of the bond is ceded, or 2) Wherein the bond is ceded to two or more persons. In other words, there would be more than one mortgagor after the cession takes place.

Answer 385

Wherein a portion of an ordinary bond is paid, the amount paid must be noted wherein the cession takes place. In respect of a covering bond, wherein a portion has been reduced, it is not necessary to note the reduction and the full amount may be ceded.

Answer 386

A cession must be prepared according to form MM. The heading must however be changed to “Cession of mortgage bond”. The cession must be signed by 2 witnesses and must contain a preparation certificate. The cession must also set out the causa of the cession, whether this is an out-and-out cession or whether it is for security. The passage would read as follows: “do hereby cede assign and transfer all my right, title and interest in the above bond for value (in respect of an out-and-out cession) or as security(for a cession in security).

Answer 387

Yes, it is possible. The only way in which a mortgagee can be substituted by another mortgagee is by way of cession. A mortgagee may cede his rights held under a bond to another mortgagee. Such cession must be registered in the deeds office in order to transfer the ownership of rights held under the bond. Bonds can be ceded in two ways, namely out-and -out or as security.

Answer 388

The mortgagor.

Answer 389

No. Section 42(1) of the administration of Estates Act only applies to immovable property. A mortgage bond is movable property. As such, no certificate by the conveyancer in this regard is needed.

Answer 390

A noting of a part payment in respect of that part of the obligations that has been paid.

Answer 391

1) Consent to cancellation of the cession as security, signed by the representative of Global Enterprises (Pty) Ltd 2) Existing mortgage bond 3) Existing title deed 4) Consent to cancellation of the bond signed by a representative of ABC Company (Pty) Ltd.

Answer 392

1) Wherein the transfer is done in execution of a judgment 2) Transferred by the trustees of an insolvent estate 3) Transferred by an executor of an insolvent deceased estate 4) Transferred by the liquidators of a company or close corporation that is in the process of being wound up. 5) Transferred by order of court 6) Transferred as a result of expropriation.

Answer 393

True, the consent is still value. This is also the case wherein an agent signs the consent and his principal subsequently dies.

Answer 394

Wherein consent is to be given by a minor, he must be assisted by his parent and natural guardian. Only one parent need assist and given that a bond is not immovable property, the consent of the master is not needed.

Answer 395

1) You can get a court order for the cancellation of the bond 2) You can have the minister of finance have the bond regarded as bona vacantia and have consent for the cancellation of the bond 3) You can have the company re-instated at the CIPC through an administrative procedure as provided for in a Practice Note.

Answer 396

The usual consent to cancellation of a bond is lodged – (form MM). It must be signed by either the legal guardian(s) of the minor or by the minor himself duly assisted by his legal guardians. No additional consent is necessary as no immovable property is being alienated and the bond has already be repaid.

Answer 397

Yes, this can even be done in respect of a portion of a property. The prescribed form MM must be used and usually happens wherein a property is to be transferred. The following words must appear in the consent: “do hereby consent to the release of (describe the property) from the operation of the above mentioned bond.”

Answer 398

It is possible that one bond can be registered over 2 properties and in respect of 2 mortgagors. Wherein this happens a party may request to be released under to circumstance: 1) Wherein the one mortgagor wishes to subdivide his property and transfer the portion. In such a case, the consent of the mortgagee and the other mortgagor is required for the release of the portion. Both mortgagors will still be liable under the bond. 2) Wherein the one mortgagor wishes to dispose of their property in total, the consent of the mortgagee and the other mortgagor is required. This would be for the release of the property and the mortgagor. The citation for part 2 is as follows: “do hereby consent to the release of (description of property) and the person (description of person) from the operation of the abovementioned bond.”

Answer 399

There are 3 possible ways in which release would be sought: 1) Death of the surviving spouse, 2) Divorce 3) An order made in terms of section 20 and 21 of the Matrimonial Property Act 88 of 1984. Form T is to be used and requires the consent of the mortgagee and the spouse that is awarded the property in order to release the other spouse from the operation of the bond.

Answer 400

The following documents will need to be lodged: 1) Consent from Best bank to the release of both the property and the person of John smith from operation under the bond. 2) Consent by Henry to the release of John’s person and property from operation under the bond.

Answer 401

Wherein dealing with a part payment you are dealing with a cession of an ordinary bond. Wherein an ordinary bond is ceded an endorsement must be made in respect of a part payment. The endorsement has the effect that the amount of cover is reduced by the amount of paid. A reduction in cover applies to a covering bond and is optional as the amount in the covering bond can fluctuate. A consent to the registration of a part payment or reduction of cover is done in terms of form MM and is signed by the mortgagee alone.

Answer 402

A part payment or reduction of cover can be noted against the principal bond. No steps need to be taken regarding the surety bon as the surety cannot be liable for more than the principal debtor.

Answer 403

Section 80 of the Administration of Estate act does not find application. However, a court order must be obtained.

Answer 404

Form MM must be used with the heading “Waiver of preference”. Note, the heading “Consent to the waiver of preference” must not be used.

Answer 405

Wherein registration takes place, the mortgagee for the servient tenement needs to consent as the servitude can decrease the value of the property. Wherein cancellation of a praedial servitude takes place, the consent of the mortgagee of the dominant tenement needs to consent the cancellation as this will detract from the value of the dominant tenement. In respect of a personal servitude, the consent of the mortgagee is always required.

Answer 406

The mortgagee must consent to: 1) The opening of the township; and 2) The registration of the general plan.

Answer 407

The mortgagee must consent to: 1) The opening of a sectional title register; 2) The registration of a sectional plan 3) The endorsement of the mortgage bond to the effect that it secures: a. The sections and common property b. Any certificate of real right of extension in respect of the scheme c. Any certificate of real right of exclusive use area. Form AM is to be used.

Answer 408

A mortgagor can be substituted wherein: 1) The whole of the mortgaged property is transferred and 2) The mortgagor has not reserved any real rights in the property. The above must be present for the substitution to take place. Regardless, the consent of the mortgagee and new mortgagor is required.

Answer 409

1) Wherein the transferee is not competent to mortgage, such as a minor 2) Wherein the transferor is: a. A trustee in an insolvent estate b. An executor in a insolvent deceased estate c. A liquidator in a company 3) Wherein the bond is a surety bond 4) Mortgagors under a notarial bond. 5) Where it is transferred to two or more persons, unless they take transfer of the land in undivided shares and renounce, in the written consent (form W) the exception de Duobus vel pluribus reis debendi. 6) If the transfer of land takes place by way of endorsement. You can only substitute mortgagors by way of deed of transfer.

Answer 410

Yes, it is possible in terms of Section 57 of the Deeds Registries Act. However, two important requirements are that the whole of the mortgaged property is transferred to the new mortgagor, and the current mortgagor many not reserve any real right in such land. The application for substitution and the consent of the new mortgagor and mortgagee is required. Form W must be used.

Answer 411

Yes, it is necessary to obtain the consent of the co-mortgagor, which mortgagor must renounce all the relevant legal exceptions.

Answer 412

Yes – Registrar’s conference resolution 7 of 1994

Answer 413

Yes, in terms of section 57 of the Deeds Act one mortgagor can be substituted with another mortgagor if the whole mortgaged property is transferred from the one to the other and the transferor has not reserved a limited real right over the property. The application and consent must follow prescribed form W in the regulations to the deeds Act.

Answer 414

The amount of the bond or the cover it provides can never be increased but it can decreased by the noting of a part payment.(with an ordinary bond) or the noting of reduction in cover (with a covering bond). Prescribed Form MM issued for this consent by the mortgagee.

Answer 415

As a general rule, no. But on consolidation, a component can be substituted by the consolidated property under the bond. (form WW is used for this application by the mortgagor and consent by the mortgagee) and on partition of a share in the whole property (which is mortgaged) can be substituted with a portion of the said property (form MM is used for this substitution).

Answer 416

Yes, by means of an out-and-out cession.

Answer 417

When it is 10 years or more and is registered in the deeds office.

Answer 418

A notarial bond will be registered in different deeds registries if the debtor resides and carries on business in areas served by different deeds registries. In such a case it will be registered in the deeds registry for the area in which he resides and the deeds registries for every area where he carries on business.

Answer 419

Lodge a consent to cancellation as envisaged in the Regulation 39 of the deeds registries act, in each of the registries where the bond was registered. A copy of the consent of cancellation certified by the Registrar where the original consent was lodged may be accepted by the other Registrars- (Regulation 41(8) of the Deeds Registries Act.

Answer 420

A notarial bond must be registered within 3 months after date of execution or within such extended period as the court may application allow – Section 61(1) of the Deeds Registries Act.

Answer 421

A Short term lease is movable property and must be mortgaged by way of notarial bond. A long term lease is immovable property and must be mortgaged by way of mortgage bond.

Answer 422

This stands for “With other property” which means that the bond in question applies to not only the property on the title deed but also other properties held under other title deeds.

Answer 423

Yes. In terms of Section 80 of the Administration of the Deceased Estate Act 66 of 1965 the bond can only be registered with the approval of the high Court where the amount of the bond exceeds R250 000.00.

Answer 424

Yes. The consent of the master has to be acquired in terms of Section 80 of the Administration of estates Act 66 of 1965.

Answer 425

By registration of a mortgage bond and not a notarial bond. The is regarded as immovable property in terms of section 102 of Deeds Registries Act.

Answer 426

A consent to cancellation as prescribed – from MM, signed by the mortgagee together with the notarial bond.

Answer 427

No, in terms of Section 8 of the Expropriation Act 63 of 1975, the expropriated property shall on date of expropriation vest in the state free from all mortgage bonds.

Answer 428

Neither the bond nor the consent of the mortgagee should be lodged as the expropriated property shall on date of expropriation vest in the expropriating authority free from all mortgage bonds.

Answer 429

Yes, in terms of section 19(1) of the Expropriation Act it provides that compensation is not paid to the registered owner of without considering the rights of the mortgagee.

Answer 430

The General rule is that only the rights of the registered owner can be acquired by the expropriating authority. The wording of the statute authorising the expropriation must be considered. A statute may provide or the extinguishing of all servitudes upon service of notice on owner, while some statutes may require service on the servitude holder in addition to that of the registered owner of the land.

Answer 431

Section 31 of the deals with the expropriation of land and the latter with the expropriation of a right of servitude. The procedures are identical.

Answer 432

The following documents must be lodged: 1) A certified copy of the notice of expropriation 2) Two copies of the relevant expropriation plan 3) A certificated containing details of the land 4) Title deed – If it cannot be produced, then an affidavit on behalf of the expropriating authority indicating that they have been unable to obtain possession of such deed. 5) Prescribed form RR – prepared by conveyancer.

Answer 433

The expropriation authority must expropriate the lease as well.

Answer 434

On the date stated in the notice of expropriation

Answer 435

Ownership vests immeditely when the expropriation comes into operation (i.e, on the date in the notice of expropriation), unless the authorising statute indicates otherwise.

Answer 436

The noting of an expropriation is done by noting of a caveat. Documents to be filed are as follows: 1) A certificate by expropriating authority in terms of section 31(6)(a) of the Deeds Registries Act 2) A certified copy of the notice of expropriation 3) If only a portion of the land is being expropriated, then two copies of the relevant expropriation sketch plan 4) If there are expropriation in favour of another expropriating authority, a certificate of non-conflict. 5) If the whereabouts of the owner are unknown, then a newspaper clipping wherein the notice of expropriation was published.

Answer 437

The register of deeds. As such, no power of attorney is required.

Answer 438

A certificate by the expropriating authority to the effect that the provisions of any law in connection with the change of ownership in consequence of the expropriation have been complied with.

Answer 439

An affidavit by the transferee that he has been unable to obtain possession of the title deed – (Section 31(2)(b). The Registrar shall then endorse the registration duplicate in the deed registry and if the original title deed is at any time lodged for any purpose, he shall make a similar endorsement thereon.

Answer 440

No. At a Registrars Conference (RCR5/2009) it was resolved that a clearance certificate is not a requirement in the case of expropriation and vesting transfers.

Answer 441

In terms of section 21, compensation payable to the owner may be deposited with the master of the High Court in trust on behalf of the fideicommissary heirs until the fideicommissum ends.

Answer 442

Act 47 of 1937

Answer 443

Prepared by me _______________ Conveyancer Christopher Andrew Jukes 45645 (Upper half must be blank) DEED OF TRANSFER By virtue of section 33 of the Deeds Registries Act 47 of 1937 BE IT HEREBY MADE KNOWN THAT in obedience to an Order of the High Court of South Africa Eastern Cape Division, Grahamstown dated 12 December 2010, I, the Registrar of Deeds at King William’s Town By virtue thereof, Cede and transfer in full and free property to and on behalf of Michael Jukes Identity Number :456465 Kate Brown Identity Number : 5465465 Married to each other in community of property to each other Their heirs, executors, administrators or assigns Certain 1 Erf 56 East London Buffalo City Metropolitan Municipality, Division of East London Province of the East Cape Measuring 360 (Three Hundred and Sixty) Square metres First transferred by Deed of Transfer T45/1949 with general plan SG NO A2/1948 Relating thereot and held by deed of transfer T45/1970 Subject to the following conditions (Conditions are inserted herein) 2 Erf 57 East London Buffalo City Metropolitan Municipality, Division of East London Province of the East Cape Measuring 360 (Three Hundred and Sixty) Square metres First transferred by Deed of Transfer T46/1949 with general plan SG NO A2/1948 Relating thereto and held by deed of transfer T46/1970 Subject to the following conditions (Conditions are inserted herein) 3 Erf 58 East London Buffalo City Metropolitan Municipality, Division of East London Province of the East Cape Measuring 360 (Three Hundred and Sixty) Square metres First transferred by Deed of Transfer T47/1949 with general plan SG NO A2/1948 Relating thereto and held by deed of transfer T47/1970 Subject to the following conditions (Conditions are inserted herein) AND that by virtue hereof the said Michael Jukes and Kate Brown (Married as aforesaid) Their heirs, executors, administrators or assigns, now is and henceforth shall be entitled thereto conformably to local custom, the State, however, reserving its rights. IN WITNESS WHEREOF I, the said Registrar, have subscribed to these presents, and have caused the seal of office to be affixed thereto. THUS DONE AND EXECUTED at the office of the Registrar of Deeds at King William’s Town on this the ______ day of __________ 2023 ____________ Registrar of Deeds Suporting documents: 1) Title deed of affidavit 2) Order of court 3) Rates clearance certificate 4) Transfer duty receipt

Answer 444

In terms of Section 33 a person who cannot procure registration of such property in his name in the usual manner and according to the sequence of the successive transaction in pursuance of which the right to the ownership of such property have devolved upon him, may apply to court by way of petition for an order authorising the registration of the property in his name. The petition shall be laid before one judge in chambers who shall make such order as he deems fit and may order that the matter arising be argued before and determined by a full court. The court has the power to require that a rule nisi be granted calling upon certain persons who may have a claim or right to the property. Upon the return date, the court may grant the order sought in the petition and order the registrar of deeds to transfer the property. Documents to be lodged are: 1) Deed of transfer – Form H 2) Title deed or affidavit as to why same cannot be supplied 3) Court order 4) Rates clearance certificate 5) Transfer duty receipt or exemption certificate.

Answer 445

Deed of Transfer: The representative in the estate of the late Christopher Jukes Estate Number : 948/2023 Power of Attorney I, the undersigned Michael Jukes, in my capacity as representative in the estate of the late christopher Andrew Jukes, Estate Number : 948/2023 And duly appointed in terms of section 18(3) of the Administration of Estate Act 66 of 1965 by letters of Authority issued by the master of the High Court at Pretoria on 27 May 2023

Answer 446

Section 42(1) certificate and Liquidation and distribution account.

Answer 447

1) Deed of transfer (Form E) 2) Power of attorney 3) Title deed 4) Transfer duty receipt or exemption certificate 5) Rate clearance certificate 6) Consent by the Master

Answer 448

No, the Administration of Estate Act does not give such power to a representative.

Answer 449

Section 18(3) of the administration of Estates Act inter alia provides that the Master must give directions to the representative as to the manner in which the estate must be liquidated and distributed. The letters of authority issued by the Master to a representative in a section 18(3) estate directs such a representative to take control of the assets, pay the debts and then transfer the residue of the estate to the heirs entitled thereto by law. This authorisation does not include the sale of assets. Should the Master’s representative need to sell the immovable property, a further directive which authorises the same needs to be obtained from the master in terms of section 18(3). Furthermore, the representative may not proceed with the transfer without the written consent of the master. This consent in the same manner as a consent in terms of section 42(2) of the Administration of Estates Act.

Answer 450

Section 18(3) provides that if the value of any estate does not exceed the amount determined by the minister, the Master may dispense with the appointment of an executor and give directions as to the manner in which any such estate shall be liquidated. A representative appointed under section 18(3) who attempts to liquidate and distribute and including any immovable property, exceeding R250 000.00, the representatives appointment becomes invalid. AB must therefore refer the matter back to the Master for revocation of the letter of authority and for the issue of a letter of executorship.

Answer 451

Yes, but only upon an order of court.

Answer 452

In terms of Section 6 of the Deeds Registries Act, the deed under which the land was held immediately prior to the registration of the deed which is cancelled by a court order shall be revived to the extent of such cancellation and the registrar shall cancel the relevant endorsement therein evidencing registration of the cancelled deed.

Answer 453

Wherein executed within the Republic, it must be registered within 3 months of its execution or such extended period as the Court may on application allow. Wherein outside the republic, within 6 months of its execution or within such period as the Court may allow on application.

Answer 454

The registrar of deeds will register the transfer on condition that the transfer duty receipt relating to the donation of property to the wife is lodged.

Answer 455

General Plan

Answer 456

Servitude diagram

Answer 457

Sectional plan of extension

Answer 458

1) Diagram – also referred to as the “parent diagram”. 2) Sub-division diagram

Answer 459

It is a right enjoyed by the possession if the property of another on which he or she has spent money or labour, to retain possession of that property until properly compensated for that expenditure either according to contract or if there is no contract for the actual expenditure of the money or labour. However, in the case of the absence of a contract regulating compensation, it may not exceed the extent to which the owner has been enriched.

Answer 460

Yes. He must however obtain the consent of the master of the high court in terms of section 80bis of the Insolvency Act 24 of 1936. The provisional trustees must make written recommendations to the Master, stating reasons for the his recommendations. If the property is subject to a right of preference, the Master may not authorise the sale unless the person who has the right of preference has given his consent or his has been guaranteed against loss.